Illinois Supreme Court Rules That the Smell of Burnt Cannabis Does Not Justify a Warrantless Police Search of an Automobile
In People v. Stout, a 1985 Illinois Supreme Court opinion, the Court held that law enforcement was permitted to search a vehicle without a warrant based on the smell of burnt cannabis alone. However, with changes in the law and the permitted recreational and medical use of marijuana, there have been several challenges to this long held precedent, and earlier this year the Illinois Supreme Court agreed to hear the consolidated challenges, as we have previously covered. Earlier today the Supreme Court issued its unanimous ruling and has established a new precedent; the smell of burnt cannabis alone cannot be used to justify a warrantless search of a vehicle given marijuana’s legalization.
In the case at issue, Ryan Redmond was pulled over for speeding and improper registration display and the officer testified at a subsequent hearing that he smelt burnt cannabis. Mr. Redmond denied smoking the marijuana and the officer further testified that he was compliant with the officer’s instructions and Mr. Redmond did not exhibit any signs of impairment. Nonetheless, the officer performed a search of Mr. Redmond’s vehicle based on the alleged smell of burnt cannabis and recovered one gram of cannabis in the center console. A motion to suppress was filed and granted by the trial court. In affirming the granting of the motion to suppress, the Supreme Court in its ruling stated that by virtue of marijuana’s legalization in certain quantities, it should be treated more akin to alcohol and, “A comparison to the odor of alcohol caselaw supports the conclusion that probable cause does not exist based on the smell of burnt cannabis alone.” In other words, the smell of burnt cannabis alone is not enough to search a vehicle without a warrant. This ruling will be applauded by many; however, this ruling does not mean that police officers are never justified in searching a vehicle based on the smell of burnt marijuana, since driving while under the influence of the drug remains a crime. The smell of burnt cannabis can be considered in combination with other factors that allow for an extension of a traffic stop or ultimately a search. Anyone currently facing charges related to or as a result of law enforcement searching a vehicle based on the alleged smell of cannabis should consult with an experienced criminal defense attorney who may be able to suppress any evidence derived from the now possibly illegal search based on the Illinois Supreme Court’s latest ruling.
