Illinois Supreme Court Rules Police Can Search Vehicles Based on the Smell of Raw Cannabis
In a recent decision, the Illinois Supreme Court has ruled that police can search a vehicle based on the smell of raw cannabis, despite a previous ruling that the smell of burnt cannabis alone is not sufficient grounds for a search.
The case involved Vincent Molina, a passenger in a vehicle that was stopped by a state trooper for speeding on I-88 in Whiteside County, near the Iowa border, in December 2020. After the trooper reported smelling raw cannabis coming from the open window of the car, he searched the vehicle and found several marijuana joints in the center console and cannabis in a sealed box in the glove compartment.
Molina was charged with misdemeanor possession of cannabis, which is legal for personal use in Illinois. However, the trial court ruled that the search was not justified because possession of small amounts of cannabis is legal in the state. The appeals court reversed the ruling, and the Illinois Supreme Court ultimately agreed with the appeals court’s decision.
The court’s decision was based on the idea that the smell of raw cannabis is a strong indicator that the cannabis is not being possessed in compliance with Illinois law, which requires that cannabis be stored in an odor-proof container. The court noted that the smell of raw cannabis is a more reliable indicator of illegal activity than the smell of burnt cannabis, which could come from smoking before getting into the car.
Justice Mary K. O’Brien dissented from the majority opinion, arguing that the decision creates an inconsistency in the law and that the smell of raw cannabis is not necessarily a reliable indicator of illegal activity. She noted that the smell of burnt cannabis could also be a sign of recent use, but the smell of raw cannabis does not necessarily suggest consumption.
The decision has sparked concerns about privacy rights and the ability of police to search vehicles based on the smell of cannabis. Defense attorney James Mertes has announced plans to appeal the decision to the U.S. Supreme Court.
The case highlights the complexities of cannabis laws in Illinois, which legalized the possession and use of small amounts of cannabis for personal use in 2020. However, the law also requires that cannabis be stored in an odor-proof container when transported in a vehicle. The Illinois Supreme Court’s decision may have implications for the enforcement of these laws and the privacy rights of motorists in the state.
