Illinois Supreme Court Determining Whether the Odor of Cannabis is Cause for Vehicle Searches
The Illinois Supreme Court was presented with two cases of people getting pulled over and having their vehicles searched because officers smelled marijuana. In one case, the driver got pulled over for going three miles over the speed limit and having a loose license plate. Upon getting pulled over, the officer smelled cannabis and searched the vehicle. In both cases, the lawyers argued that the odor is not reason enough for vehicles to be searched because marijuana is legal in the state of Illinois.
In September 2023, the Minnesota Supreme Court affirmed that marijuana odor is not reason enough for vehicles to be searched. State supreme courts in Delaware, New Jersey, Pennsylvania and Vermont have determined that the odor of cannabis is not enough reason for a vehicle to be searched. In Wisconsin the state supreme court ruled in favor of searching a vehicle when the odor of cannabis is detected.
Attorney John Heiderscheidt says, “I am looking forward to an opinion from the State Supreme Court on this issue. Whether the odor of marijuana gives probable cause or reasonable suspicion for an encounter with law enforcement has turned into a problematic question for courts. I don’t think the Court will create a new ‘brightline’ rule, but I do believe they’ll clarify that the odor of cannabis no longer justifies probable cause in and of itself.”
