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Illinois Supreme Court Rules Raw Cannabis Smell Justifies Vehicle Searches

The court's decision contrasts with a prior ruling that the smell of burnt cannabis alone does not warrant a search, creating legal inconsistencies.

  • The Illinois Supreme Court ruled that police can search vehicles if they detect the smell of raw cannabis, citing potential violations of transportation laws.
  • This decision stems from a 2020 case involving Vincent Molina, where cannabis was found in a vehicle but not stored in an odor-proof container as required by Illinois law.
  • In contrast, the court previously ruled that the smell of burnt cannabis does not justify a search, as it may indicate prior use outside the vehicle rather than a current violation.
  • Dissenting justices criticized the inconsistency, arguing it is illogical to treat the smell of raw cannabis as more conclusive than burnt cannabis regarding illegal activity.
  • Defense attorneys plan to appeal the ruling to the U.S. Supreme Court, while the Illinois Supreme Court suggested lawmakers address discrepancies in cannabis-related statutes.
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