Go to navigation Go to content
Toll-Free: 888-379-6582
Phone: 618-692-6520
Polinske & Associates, P.C.

Illinois Supreme Court has recently held that the scent of burnt cannabis does not allow for a warrantless search of a vehicle.

Brian L. Polinske
Connect with me
Edwardsville Criminal Defense Trial Lawyer

In People v. Redmond, 2024 IL 1129201 the Illinois Supreme Court held that the scent of burnt cannabis alone does not allow for a warrantless search of a vehicle.  In this case the vehicle was stopped by law enforcement for speeding, and impoperly secured registration plate.  The driver did not seem impaired and there was no cannabis in plain view.  The court held that these facts did not translate into probable cause to search the vehicle.  The car was searched and evidence seized.  The defendant filed a motion to suppress evidence that was granted and affirmed by the appellate court.  The supreme court affirmed it as well.  This is a major development for criminal law practitioners and defendants faced with this set of facts.  

 

Post A Comment

Live Chat