Can Police Search My Car Over a Burnt Marijuana Smell?

 Posted on September 26, 2024 in Criminal Defense

The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures by the government. Law enforcement must have reasonable suspicion of a crime to search someone’s property or they must first obtain a warrant to do so.

Sometimes police search private vehicles over suspicions of cannabis-related crimes. While marijuana is legal for recreational use in Illinois, drivers are prohibited from driving under the influence of cannabis. Furthermore, Illinois law requires drivers to keep marijuana in a container that is:

• Closed

• Sealed

• Odor-proof

• Child-resistant

• Inaccessible to the driver

Law enforcement officers who smell cannabis odors coming from cars during routine traffic stops have therefore been known to search the vehicles to check if the marijuana is being properly stored.

This article will discuss the legality of such conduct and how to contact an Illinois criminal defense attorney who will defend you against criminal charges.

Can Police Search My Vehicle After Smelling Marijuana?

The Illinois Supreme Court ruled last week that police cannot search a car without a warrant just because they smell burnt cannabis. The case was brought in 2020 after Illinois State Police pulled over Ryan Redmond for his license plate not being properly secured and driving three miles over the speed limit.

When the state trooper pulled Redmond’s car over, he smelled burnt marijuana. He searched the car and found roughly a gram of cannabis in the center console that was not properly stored. Redmond was charged with a misdemeanor.

The Illinois Supreme Court, however, deemed this an unlawful search. While the court’s justices acknowledged the state trooper had a right to investigate further upon smelling the cannabis, he should have stopped there after finding no evidence of it being used in the car.

What Should I Do if Police Search My Car?

There are three main scenarios in which police can search your car:

• If they have a warrant

• If they have probable cause to believe a crime has been or is being committed, like if the evidence is in plain view

• If you give consent

Police often ask if they can search someone’s car because they do not need a warrant or probable cause if the driver gives consent. You have the right to object to a search, though it is best to voice your objection calmly and politely.

It is also important not to physically resist a search — objecting to it verbally is enough. Any evidence police find during an unlawful search and seizure is not admissible in court. The best thing you can do is contact a criminal defense attorney as soon as possible.

Contact a Kane County, IL Criminal Defense Lawyer

Many people are not aware of their rights when they are pulled over by police. Unreasonable searches and seizures can lead to criminal charges that are unlawful. Make sure your rights are protected by a Naperville, IL criminal defense attorney. At the Law Office of Patricia Magaña, LLC, we have extensive experience in defending clients who were searched illegally and we are ready to create a legal defense for your case. Schedule a free consultation with an excellent attorney by calling 630-448-2001 today. Se habla español.