Illinois Supreme Court rules on vehicle searches after weed smell

On Thursday, the Illinois Supreme Court ruled that the mere smell of burnt cannabis does not constitute probable cause for police to conduct a warrantless search of a vehicle. This decision arose from a case involving Ryan Redmond, who was stopped by state police officer Hayden Combs on September 15, 2020, for an improperly secured license plate while driving on Interstate 80. During the stop, Combs detected the odor of burnt cannabis when Redmond rolled down his window, leading to a search of the vehicle that uncovered one gram of marijuana. Redmond contested the legality of the search, arguing that the smell alone did not justify it, especially in light of recent changes to Illinois marijuana laws that legalized its possession. Lower courts supported Redmond's claim, emphasizing that the search was unwarranted given the absence of evidence indicating that cannabis was being consumed in the vehicle. Combs had also testified that Redmond showed no signs of impairment. The court's unanimous decision highlighted the evolving legal landscape surrounding cannabis use in Illinois, which became legal for purchase and use on January 1, 2020. The ruling underscored that the odor of burnt cannabis, in isolation, does not provide sufficient grounds for police suspicion or action. The court also noted that the totality of circumstances known to Officer Combs did not justify the search. This landmark ruling sets a precedent for future cases involving vehicle searches and the implications of cannabis legalization, reinforcing the need for probable cause beyond mere odor detection in law enforcement practices.