Illinois judge rules weed smell is not likely cause for searches |

An Illinois judge ruled last week that the smell of raw cannabis was not a sufficient reason for police to search a vehicle during a traffic stop without a warrant.

Judge Associate Justice Daniel J. Dalton, District 14th Judge, issued the judgment in response to a motion to suppress evidence in the case of Vincent Molina, a medical cannabis patient arrested last year for possession of marijuana.

In December 2020, Molina was a passenger in a vehicle traveling on Interstate 88 in Whiteside County, a rural area in northwest Illinois, when it was stopped for speeding by a state trooper. After claiming he smelled raw cannabis, the soldier searched the vehicle and arrested Molina for negligent cannabis possession after discovering 2.6 grams of bud.

Molina was arrested despite the decriminalization of small quantities of cannabis in Illinois in 2019 with the passage of the Illinois Cannabis Regulation and Tax Act. The law also legalized the regulated sale of cannabis for adults, which began in the state in January 2020.

Search declared unconstitutional without guarantee

James Mertes, a criminal and constitutional lawyer who represents Molina in the case, said in a telephone interview that his client was accused of possessing cannabis that was “transported in violation of the law.”

Mertes argued in court that the search was unconstitutional as the soldier had no probable reason to search based on the marijuana aroma alone.

“Of course, in order to search a vehicle, a police officer must have reason to believe that there has been a crime,” he said. “The smell of raw cannabis no longer provides a likely reason to believe that a crime is taking place, as there are just as many likely reasons to believe that no crime is taking place if the officer smells raw cannabis.”

The judge agreed, and in a ruling issued on Friday ruled that “the court finds that the smell of raw cannabis alone is not enough to determine a likely cause,” according to local media reports.

Dalton noted that the officer “gave no reason for suspicion or search other than the smell of raw cannabis” and stated that “Molina (the policeman) prior to the search of the vehicle.”

“There are a number of completely innocent reasons why a person or the vehicle they are in may smell like raw cannabis,” he wrote in his decision.

Dalton added that a different decision would “place not only the defendant, but anyone in Illinois aged 21 or over in a position where they could exercise their rights under the Cannabis Ordinance and Tax Act only to lose your rights under the United States Constitution and / or the Illinois Constitution, even though you have acted entirely within the law. The court refuses to impose this untenable situation on the accused or a similarly situated person. “

“This was a momentous decision,” Mertes told reporters after Dalton announced his verdict.

“It represents an important and necessary extension of our protection of the constitution,” added Mertes. “Today’s decision protects citizens from inadequate searches due to unlawful behavior.”

Although the state has the option to appeal Dalton’s decision, Mertes believes the ruling could set a precedent for similar cases.

“It has had a significant impact on the way the law is framed, and I think it’s a logical extension of the law given that the possession of cannabis has been decriminalized in the state of Illinois,” he told the High Times.

“The decision to appeal today’s judgment rests with the government,” said Mertes. “If the state appeals, we will continue to vigorously defend our client’s constitutional rights at the appeal level.”

After Dalton granted the motion to suppress the evidence, Molina said he was “more honored to have been part of such an important decision.”

“This case was far more important than me,” he added. “It was about our right to be free from inappropriate searches for legal conduct. I am simply grateful that I have helped to protect this right. “