Minutes ago, the Illinois Supreme Court ruled cannabis aroma alone is insufficient probable cause to search a vehicle. The decision stems from People v. Redmond, a case in which law enforcement used the smell of burnt cannabis as probable cause to search the individual’s vehicle. The Illinois Supreme Court heard oral arguments from the case in January.

The conclusion on the ruling for People v. Redmond stated, “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. We also hold that the totality of the facts and circumstances known to Officer Combs did not provide probable cause to search Redmond’s vehicle. Therefore, the circuit court correctly granted the motion suppressing the evidence confiscated from Redmond. Accordingly, we affirm the appellate court’s decision affirming the trial court’s order suppressing the evidence seized in the warrantless search of Redmond’s car.”

Justice P. Scott Neville, Jr. delivered the judgment of the court, with opinion. Chief Justice Mary Jane Theis and Justices David K. Overstreet, Joy Virginia Cunningham, Elizabeth M. Rochford, and Mary Kay O’Brien concurred in the judgment and opinion. Justice Lisa Holder White took no part in the decision.

The opinion in the ruling stated:

In this case we must determine, after the recent changes to Illinois’s cannabis laws, whether a police officer’s detection of the odor of burnt cannabis, considered alone or in conjunction with other facts, provides probable cause to conduct a warrantless search of a vehicle. Illinois State Police officer Hayden Combs conducted a search of Ryan Redmond’s vehicle based on, inter alia, his detection of the strong odor of burnt cannabis emanating from the vehicle. The State primarily argues that Combs had probable cause to suspect that a search of the vehicle would uncover evidence that cannabis was improperly contained in the vehicle or, more likely, uncover evidence that Redmond had used cannabis on his trip from Des Moines to Chicago. See 625 ILCS 5/11-502.15(a) (West 2020) (“No driver may use cannabis within the passenger area of any motor vehicle upon a highway in this State.”). Combs searched Redmond’s car and found one gram of cannabis inside the center console in a plastic bag.

The State charged Redmond with unlawful possession of cannabis in violation of section 4 of the Cannabis Control Act (Control Act) (720 ILCS 550/4(a) (West 2020)) and unlawful possession of cannabis by a driver in violation of section 11- 502.15(b) of the Illinois Vehicle Code (625 ILCS 5/11-502.15(b) (West 2020)). Redmond filed a motion to suppress the cannabis. The Henry County circuit court granted the motion, and the appellate court affirmed, holding that recent changes to the law pertaining to cannabis made the odor of burnt cannabis, standing alone, insufficient to justify a warrantless search of an automobile.

We allowed the State’s petition for leave to appeal pursuant to Illinois Supreme Court Rule 315 (eff. Oct. 1, 2021). We also allowed the American Civil Liberties Union, ACLU of Illinois, National Association of Criminal Defense Lawyers, and the Illinois Association of Criminal Defense Lawyers to file an amici curiae brief on behalf of Redmond’s position. See Ill. S. Ct. R. 345 (eff. Sept. 20, 2010). For the following reasons, we affirm the judgment of the appellate court.

For more details about oral arguments, click here.

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