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Advertisement


Illinois marijuana



ILLINOIS SUPREME COURT TO DECIDE IF POLICE MAY SEARCH VEHICLES BASED ON SMELL OF
MARIJUANA OR IF IT’S AN ‘AROMA OF LEGALITY’



By Robert McCoppin
Chicago Tribune
•
Published: Jan 19, 2024 at 5:00 am




Expand



The Supreme Court of Illinois building at Capitol Avenue and 2nd Street in
Springfield on Oct. 29, 2022. (Todd Panagopoulos/Chicago Tribune)






An issue that has tied lower courts in knots — whether the odor of cannabis
alone is grounds for police to search a vehicle — is now before the Illinois
Supreme Court.

Appellate courts have split over the question, forcing the high court to make
the call. At issue are efforts to keep the roads safe and prevent illegal
trafficking, while protecting a constitutional right against unreasonable
searches.

Before legalization, courts had long held that the smell of marijuana was
grounds for a search, defense attorney James Mertes conceded during arguments
before the Supreme Court earlier this month. But Mertes argued that once
possession of small amounts of recreational pot became legal under state law in
2020, smell no longer is per se evidence of a crime.



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 * > 19




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