"The Nose Knows" no Longer
Everywhere you go, you smell weed. It's stomach turning.
And now, it's not even Probable Cause:
The scent of cannabis smoke alone is not enough to justify a police search of a vehicle, the Illinois Supreme Court ruled Thursday.
In a 6-0 ruling, the court found that cannabis laws in Illinois had evolved to the point that just catching a whiff of burnt weed is no longer enough probable cause for police to search a vehicle.
Thursday’s opinion upholds two lower court rulings that threw out evidence — an ounce of marijuana — found in the car of a Chicago man who was pulled over for driving 3 miles over the speed limit on Interstate 80 in September 2020, nine months after cannabis was legalized in Illinois.
“Since January 1, 2020, the use and possession of cannabis is presumptively lawful, subject to certain restrictions,” Justice P. Scott Neville Jr. wrote for the majority. “We hold that the odor of burnt cannabis, alone, is insufficient to provide probable cause for police officers to perform a warrantless search of a vehicle.”
Isn't it still illegal to operate a motor vehicle while high? You see someone all over the road, you pull them over, and when they roll the window down, all you smell is recently smoked blunt. You have to build on that, too?
- But Officer, this isn't my car....and these aren't my pants
We used to opine that 85% of weekend traffic crashes involved alcohol. Now we'd say 95% of weekend crashes involve either alcohol or weed.
Or both.
Labels: info for the police
posted by SCC at 12:01 AM
46 Comments:
All they're saying is you can't search the car because you smell weed, which makes sense because weed is legal. There's nothing stopping you from writing the DUI. If you want to search the car after the DUI arrest, knock yourself out.
But it's STILL okay to smell alcoholic beverages for P.C. ?
These communist judges are in the bag for the scum of the earth.
The days of traffic stops are over. Look at that stop regarding that "professional " football player. Why bother? What gain? I haven't heard anyone ask for an 1811 in over a decade. Sound impound? Tints? High? F it
Well officers. I personally smoke . But this ruling is pretty frigen stupid. How they can say burnt pot isn't pc ....smh
can't have open alcohol while operating a vehicle... how is this different ?
So does that mean just the smell of alcohol isn't enough to warrant a search or anything either? Asking for a friend.
Life is better high
You can still DUI them, but let’s be real, CPD doesn’t do DUIs, this is only going to affect the tacticool officers who just use smell of weed to get inside the car. I love that in this day and age the state and city puts so many restrictions on the police which means our job is easier, yet all these officers get so bent out of shape, don’t honestly act like you give a shit, you aren’t saving the world, you are just keeping a lid on this shit.
I wish I liked pot. It has zero calories. You can eat a piece of candy and get as wasted as drinking a twelve pack. No body smells to give use away. You don't need a cooler and it doesn't take space in your fridge. Some say no hangover.
Now it's harder to get arrested while doing it in your car. Maybe I'll give it another try.
The only problem is it's not legal in Wisconsin or Indiana.
The results of the mist corrupt judiciary in the nation. Hopefully this is appealed to the SCOTUS.
Well then, I guess if you smell alcohol the same thing applies.
The only time I smell pot in Chicago is when a vehicle passes. Obviously, folks are driving high! So, we can be ticketed for not wearing a seatbelt, which is a victimless crime, but people driving high will not be ticketed even though they are impaired?
Trooper stop for speeding, 73 in a 70, an improperly secured plate and the big one, recovered 1 gram of the demon weed. 28 grams to an ounce so 1 gram is about as much as a bird fart. So let me opine for a minute. 3 mph over traffic stop and a most likely debatable license plate issue resulting in the seizure of a microscopic amount of marijuana leading to an arrest that is struck down in a somewhat devastating decision by the state SC that will effect good drug arrests from traffic stops for who knows how long. Over aggressive Trooper looking for that famous dime bag arrest just screwed the pooch for the entire state.
Democrat sez: Laws are for chumps.
In the 1960's my dad (RIP) said "You're dopey enough without dope." NEVER had a desire for it and I see stoners now in their 60's/70's.
Too, when weed became legal in Illinois, WBBM had a man on the street interview. All the idiots were "it's cool" etc., but there was ONE guy from the Middle East. He made the most sense! "Why would you put a Carcinogen in your body?"
Just back from Canada. Talk of a Trudeau/lock-down/Socialist shi-hole!
7:30 in the morning. People in vans, in chairs outside their businesses, doped up as weed in legal in Cannabis, er Canada. So many hopeless, whacked out...and this is what Ka-Ma-La wants?
Bottom line is Illinois is so liberal that they want no to be responsible for their actions. This place is a total joke. That law will change when some politicians lived one gets killed by an impaired driver.
So if a driver is weaving all over the road, you pull him over and you smell alcohol on his breath, that is not enough probable cause to investigate for DUI? These asshole legislators and judges keep supporting the lowest common denominator in our society. Nothing for the law abiding citizen.
About time. Let people smoke in peace . Police only used it to shake citizen and flip their car upside down.
It's also unlawful to transport cannabis without it being in an odorless and childproof container. Tell me how you're smelling it if it's in an odorless container???
Job just got a lot more dangerous. Great Job state of IL
Pretty sure a whiff of alcohol is enough to assume intoxication? It's another law so the Brothas don't get caught...
We used to opine that 85% of weekend traffic crashes involved alcohol. Now we'd say 95% of weekend crashes involve either alcohol or weed.
Started to indulge after retirement, prices have changed dramatically since the 70's...
If we smell alcohol on their breath can we still do a DUI investigation or is that next to go ?
Strong odor of alcoholic beverage also out the window?
So, 11-502a and 11-502b, will soon be deemed no longer enforceable as well, since liquor as been legal since Prohibition? That's gonna screw-up interdiction efforts if they make it into IL. So, much for buying "safe weed" from a taxed source. Let's run the risk and buy laced zhit wholesale off the street.
As long as there are tax dollars to be collected now, I guess anything goes. Drugs, booze, gambling, probably soon prostitution. Find a way to tax abortion, everyday batteries, and gang shootings and the city will be swimming in cash. A real Democrat Wonderland.
Does that apply to someone smelling of alcohol too? If someone gets stopped for something & they smell of booze do u have to search, but if they smell of pot just let them go? That doesn’t seem right….
Units and tact officers doing an dui? Not a chance, they would rather give up finding guns.
"Florida Man" may soon be overtaken by "Chicago Man" if this keeps up. Where's the popcorn?
But you’re not pulling them over the smell. They said weed smell can’t be the only thing, Try reading it again.
A lot of good points here in the comments. The "odor" of an alcoholic beverage or that of burnt cannabis is PC for a DUI stop and sobriety testing, although the only test available for weed is a mouth swab or a piss test. So, yes you still can use it as PC for a 501, but as PC to conduct a vehicle search. Remember, getting a subject out of a car is for "officer safety" and a subsequent search of the vehicles "accesible areas" is for weapons. Finding contraband subsequent to that search must be articulated very carefully.
Now you know.
Exactly!
First off you can’t do a sound impound anymore. Second, it’s only illegal for the front windshield to be tinted now. Know the current laws. Remind all of us 20+ yr hair gel wonders how many decades ago you retired?
Odor of fresh weed is still reason to search... Burnt weed odor could be on your clothes from someone else smoking weed legally in your house, which I think is the logic for this ruling.
Why arrest anyone...I'm here for the check and bennies....Fuck you ...pay me.
Retired in Texas……
Jumping Jesuits!!…. I was thinking the exact same thing. Where did this judge get his JD? The Kamala Harris-fanny Willis school of law?
Joe Citizen wants to pick up some lunch, so he hops in his clunker to get some Taco Bell. Unfortunately his brother "Smokey" just returned the car after a night out and the skunk is alive and well inside. Joe forgets to signal pulling in at the Border and gets stopped by the po-po. He has committed no crime, other than no blinker. This very possible scenario is probably why the ISC made their ruling. They said that we can use the smell as a factor, but something additional is needed (plain view baggies, visible smoke, crushed leaves, etc). The smell of alcoholic beverage is by itself also not PC, it needs to be supported by other observations, including but not limited to SFSTs.
These type of guys would ticket their own mothers. They got war stories for writing speeding tickets, clowns.
Police work has been dead for a while and not worth my money and losing benefits!
Cook County Courts will favor the criminal voters over the police officers in most all cases!
Why get jammed up for nothing!
He is a way to conduct traffic enforcement missions. Just dress like a chicken.
https://nypost.com/2024/09/21/us-news/san-francisco-police-use-costumed-stunt-to-catch-speeding-drivers-chicken-crossing/
Be careful. Weed is still illegal federally. Even when you buy a gun you have to state you are not using illegal drugs on the federal form. I know the state of Illinois says they wont use or save your information if you purchase weed bit do you really trust the state of Illinois?
Think you should know the current law lol. Tint on side windows IS still illegal if it doesn't adhere to the percentages spelled out in the law.
One of my best Tact arrests started as an expired temporary tag! But I also wrote the tinted windows, no City sticker, which was tied to strong smell of alcohol and weed. That popped up with an open bottle of Maddog 20/20 a loaded 9mm and a five pound bag of weed and small bag of assorted pills and crack! My partner hated why I took all the time to do the traffic then the formal arrest……..but a few days later two hungry detectives from Belmont and Western drove out to see me. The Gun was used in an attempted murder case. And then tied to two west side bodies where my arrested drivers fingerprints were all over the crime scene.
The dicks were interested in the offenders car that I impounded but was never towed out of CPD lot yet? When they called the crime lab to take car, where they sprayed stuff to see if blood was in vehicle trunk! And bingo there was plenty of different blood types in trunk and passenger compartment?
Cleared two homicides and one shooting. Suspected in two other deaths of missing persons but have no bodies? As Jack Reacher says, “The Gold is only as good as the man who digs it?” So write every citation or summons like it will be torn apart by the US Supreme court. Make sure all officers in arrest box or report narratives gets a copy of the reports in case your on a day off or furlough? It matters? It matters?
smoke in peace in your home asshole not out on the public way
100% true
This will end when some bust out T-bones and kills a well deserving judge. Can’t wait!!!
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