Illinois Supreme Court to decide if police may search vehicles based on smell of marijuana or if it's an 'aroma of legal

[Eugene]

Source: Chicago Tribune

Illinois Supreme Court to decide if police may search vehicles based on smell of marijuana or if it’s an ‘aroma of legality’

Robert McCoppin, Chicago Tribune
Fri, January 19, 2024 at 11:33 AM EST·5 min read

An issue that has tied lower courts in knots — whether the odor of cannabis alone is grounds for police to search a vehicle — is now before the Illinois Supreme Court.

Appellate courts have split over the question, forcing the high court to make the call. At issue are efforts to keep the roads safe and prevent illegal trafficking, while protecting a constitutional right against unreasonable searches.

Before legalization, courts had long held that the smell of marijuana was grounds for a search, defense attorney James Mertes conceded during arguments before the Supreme Court earlier this month. But Mertes argued that once possession of small amounts of recreational pot became legal under state law in 2020, smell no longer is per se evidence of a crime.

“The odor of cannabis is now an aroma of legality,” Mertes told the high court.

-snip-

Read more: https://news.yahoo.com/illinois-supreme-court-decide-police-163300690.html

[Freethinker65]

1. Yep. I don't think odor should be enough cause.

Cops would be doing nothing but pointless searches if this was required during routine stops.

[bucolic_frolic]

2. "Your turning signal is out." Same. /nt

[yankee87]

3. 99% Police smell is BS

Let's face it, that smell cops say is BS. Unfortunately, I don't believe any of these smells or odor of alcohol is real. It's just a way around the 4th Amendment.

[LiberalLovinLug]

4. I think whether its technically legal or not, that smell will trigger them regardless.

And they will just simply find another reason. Or keep harassing you until you react in a way that gives them a reason to escalate the situation.

My advice? That I've learned through the years. Don't smoke in the car. Simple. Because that odour can last in the car for a few days. Its not that difficult to smoke before, or after, or if you are on a longer trip, pull over at a rest stop or somewhere to have a nice walk and toke.