Illinois, like many states, legalized the recreational use of marijuana. With that change in law, though, comes confusion regarding what constitutes reasonable cause to stop a person for a marijuana-related driving offense. Recently, the Supreme Court of Illinois provided some clarity, ruling that the smell of marijuana, in and of itself, did not provide reasonable cause for a search during a traffic stop. If you are accused of a marijuana-related DUI offense, it is advisable to confer with an Illinois DUI defense lawyer to evaluate what arguments you may be able to set forth in your defense.
Factual and Procedural Background
It is alleged that a state police officer stopped a car with an incorrectly secured license plate traveling at an excessive rate of speed on an interstate highway. During the stop, when the defendant rolled down his window, the officer detected the strong odor of burnt cannabis. Although the defendant denied having used cannabis in the vehicle, the officer conducted a search and found approximately one gram of cannabis in the center console. The defendant was charged with unlawful possession of cannabis and unlawful possession by a driver.
It is reported that in response, the defendant filed a motion to suppress the cannabis. In doing so, the defendant argued that the odor of burnt cannabis in and of itself did not provide sufficient probable cause for the search. The trial court granted the defendant’s motion to suppress, reasoning that while the officer smelled burnt cannabis, there was no other evidence of criminal activity, such as impairment or visible cannabis, to justify the search. The appellate court affirmed the trial court’s decision, holding that the odor of burnt cannabis, without corroborating evidence, was insufficient to establish probable cause for a warrantless search. The State appealed.
Grounds for Stopping a Person for Marijuana-Related Offenses
On appeal, the court was tasked with determining whether the odor of burnt cannabis, either alone or in combination with other facts, provided sufficient probable cause to justify the warrantless search of the defendant’s vehicle. The State argued that the officer’s detection of burnt cannabis created a reasonable suspicion that a crime had been committed, such as improper transportation or use of cannabis in the vehicle, which warranted the search.
The defendant, however, contended that the legalization of cannabis in Illinois for personal use meant that the smell of cannabis was no longer inherently tied to criminal activity, and thus, it could not alone justify probable cause for a search.
In its analysis, the court reviewed the evolution of cannabis laws in Illinois, noting that as of January 1, 2020, cannabis possession and use are legal under certain circumstances. This legalization changed the legal landscape, as the mere odor of cannabis, which could previously indicate criminal activity, no longer served as a reliable indicator of a crime.
The court further reasoned that the smell of burnt cannabis alone did not establish probable cause to believe that a crime, such as illegal use or possession in a vehicle, was occurring. The court also examined the officer’s other justifications for the search, such as the defendant’s vague answers and the location of the stop, but found them insufficient to establish probable cause without more direct evidence of illegal conduct.
Ultimately, the court affirmed the lower court rulings, holding that the odor of burnt cannabis, standing alone, does not provide probable cause for a warrantless vehicle search under current Illinois law. The court also ruled that the totality of the circumstances in this case, including the smell of burnt cannabis and the defendant’s responses, did not rise to the level of probable cause. Therefore, the court upheld the suppression of the evidence obtained from the search.
Meet with a Trusted Illinois Attorney Today
If you were charged with a DUI crime due to suspicion that you were driving under the influence of marijuana, you should meet with an attorney to discuss your potential defenses as soon as possible. Attorney Theodore J. Harvatin of the Harvatin Law Offices, PC, is a trusted DUI defense lawyer who can inform you of your options and help you take the steps necessary to protect your rights. You can contact Mr. Harvatin to arrange a conference by calling 217.525.0520 or using the online contact form.