Just because the police smell marijuana in your car doesn’t mean they can search it, Illinois judge

Thanks to a ruling from Whiteside Country Judge Daniel P. Dalton, patients enrolled in the state’s medical cannabis program can now argue for themselves if police stop them for cannabis searches. Also, they cannot be arrested if their immediate surroundings, such as the car, room, clothes, etc., smell like marijuana.

The scent of cannabis is pronounced. Prior to legal states approving medical cannabis programs, law enforcement agencies identified probable causes of searches and arrests related to cannabis from the smell of the person’s immediate surroundings. Many expect that this law should have been changed from the date medical cannabis went into effect, but that is not the case, which is why this case dragged on for over a year.

On December 3, 2020, a police officer on Interstate 88 in rural Whiteside County stopped the occupants of a gray Chevy Impala vehicle, Defendant Vincent Molina and Driver Kayla Cervantes, for speeding.

As the procedure goes, both inmates were identified during the traffic control. At that point, the officer noticed the smell of marijuana in the car and determined it. The defendant said he immediately presented his medical marijuana permit to officials. However, this did not stop the overzealous security officers from searching the vehicle. Like most medical marijuana patients who often carry their products with them, Molina owned 2.6 grams of cannabis. The officer then arrested the defendant for negligent possession. Although Molina was legally in possession of the medically approved products, she never got high or drunk.

Situations like this are not uncommon. Security officials are looking for any reason to search cars stopped on the highways without being searched. There are countless cases of suspected police officers trying to arrest Illinois residents on charges unrelated to the primary reason they were stopped or stopped.

The last twelve months have been exhausting for the defendant. The case dragged on and was eventually ruled out.

During the trial, defense attorneys James Mertes and Nicholas Rude attempted to destroy evidence. Accordingly, the smell of cannabis cannot be used as a basis for searching a medical cannabis patient’s vehicle. They stated that the evidence was obtained through bias. With the use of cannabis for medicinal purposes recently legalized in Illinois, it is no longer acceptable to use the smell of marijuana in the car as an excuse to search without a search.

The lawyers also found that the defendant had legal reasons to have the drug. They also stressed that Molina duly presented his license card to officers when they commented on the odor emanating from the car and its occupants.

Judge Daniel P. Dalton, Associate Justice of the 14th Judicial District, rightly ruled that the police cannot base an unconditional search on the smell of cannabis, especially in patients registered for medical purposes under the program.

He said the defendant, Molina, gave officers a medical card just before they decided to search the car. According to the judge, the officers had no reason or basis for the search other than the smell of raw marijuana, which in itself is unacceptable and insufficient to conduct a search of cars without an arrest warrant.

In a constitutional cannabis state like Illinois, residents have various innocuous reasons why their clothes or vehicles smell of raw cannabis. Workers on legal cannabis farms cannot avoid smelling of raw cannabis some days because they are constantly in close proximity to the plant.

The defendant Molina was satisfied with the outcome of the trial. He told reporters that he was honored to have been involved in such a crucial process. He stated that the trial concerned him and all of the Illinois residents. It was about their right to be exempted from close searches even after presenting a legitimate proof of use. He concluded by saying that the case was very important to him and that he was very grateful to be an important part of protecting this right.

That ruling is an amazing win for Illinois residents. They can now get on with their day without the risk of arrest or search just for smelling like raw marijuana. The number of searches, seizures and illegal arrests will be significantly reduced. Law enforcement would see an overall improvement.

However, all of this could change if the state appeals the decision and wins. Attorneys James Mertes and Nicholas Rude told the press that they would ensure justice prevails if this ruling is appealed. Mertes said they were ready to defend Molina’s rights should the case advance to a higher court level. Judge Dalton’s ruling indicates that only the government can appeal. Whatever the state finds out on this matter, Martes promises to vigorously protect Molina’s civil rights at the appeal level.

Judge Dalton’s verdict is a historic victory that highlights the flaws in the war on drugs.

Should you ever find yourself in this situation, this ruling can have a huge impact on the quality of your defense, especially if the state is appealing and the current ruling is still in effect. No police officer should be able to search residents on suspicion of the smell of marijuana.

The court’s decision would have a significant impact on Illinois policing. The smell of cannabis in a vehicle is not a likely reason for a search by an officer as it does not necessarily mean that a crime has been committed.

Legislation needs to be changed to clearly indicate the point at which an officer is likely to have a reason to search the vehicles of those with medical marijuana usage cards. This would help clarify and determine what is indicative of illegal activity. It would also prevent local residents from circumventing the laws. Other states that have also ruled that the smell of cannabis is not a likely reason for a vehicle search without a warrant are Massachusetts and Colorado, both of which have medical marijuana laws.

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