Cannabis Smell Alone Is Not Probable Cause to Search Vehicles: Illinois Supreme Court

The decision arose from a 2020 traffic stop in which an officer observed no signs of impairment, nor did he find any evidence of cannabis use inside the car.
Cannabis Smell Alone Is Not Probable Cause to Search Vehicles: Illinois Supreme Court
Marijuana plants in a file image. Ulises Ruiz/AFP via Getty Images
Zachary Stieber
Updated:
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Law enforcement needs more than the smell of burnt cannabis to search vehicles, the Illinois Supreme Court said in a unanimous decision on Sept. 19.

“Based on our precedent and the state of cannabis laws at the time of the search, we hold that the odor of burnt cannabis is a fact that should be considered when determining whether police have probable cause to search a vehicle, but the odor of burnt cannabis, standing alone without other inculpatory facts, does not provide probable cause to search a vehicle,” Illinois Supreme Court Justice P. Scott Neville wrote in the 20-page ruling.
Zachary Stieber
Zachary Stieber
Senior Reporter
Zachary Stieber is a senior reporter for The Epoch Times based in Maryland. He covers U.S. and world news. Contact Zachary at [email protected]
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