In this video, attorney Clyde Guilamo answers whether police can search your car based on the odor of cannabis. The lawyer analyzes the major cases dealing with cannabis, including People v. Stout, People v. Rice, and the newer case of People v. Hill. Clyde goes on to explain the history of police searches based on the odor of cannabis and the current state of the law. —
TIMESTAMPS
00:00 Intro | Does smell of cannabis justify police search of car in Illinois?
00:16 Illinois Sniff and Search Law | People v. Robert Stout, 106 Ill. 2d 77 (Ill. 1985)
03:22 Compassionate Use of Medical Cannabis Pilot Program Act | People v. Jeremiah Rice, 2019 Ill. App. 3d 170134 (3d Dist. 2019)
04:06 Cannabis Regulation and Tax Act | People v. Hill, 2020 IL 124595 (Ill. 2020)
05:55 Did the marijuana article published by WREX on Nov. 19, 2021 get it right?
06:55 Conclusion | Can police in Illinois search your car because of odor of marijuana? Citations: Article Analyzed: “Odor of cannabis no longer provides basis for vehicle search in Illinois” by Andy Carrigan –
https://www.wrex.com/news/top-stories…
Major Illinois Cases: People v. Stout, 106 Ill. 2d 77 (Ill. 1985) People v. Rice, 2019 Ill. App. 3d 170134 (3d Dist. 2019) People v. Hill, 2020 IL 124595 (Ill. 2020) People v. Stribling, 2022 IL App (3d) 210098 People v. Redmond, 2022 IL App (3d) 210524 People v. Molina, 2022 IL App (4th) 220152 Split Of Districts which resulted in People v. Stout: 5th District: People v. Smith, 67 Ill. App. 3d 952 (5th Dist. 1978), and People v. Laird, 11 Ill. App. 3d 414 (5th Dist. 1973) 4th District: People v. Houldridge, 117 Ill. App. 3d 1059 (4th Dist. 1983) 3rd District: People v. Wombacher, 104 Ill. App. 3d 812 (3d Dist. 1982) and People v. Argenian, 97 Ill. App. 3d 592 (3d Dist. 1981) 2nd District: People v. Erb, 128 Ill. App. 2d 126 (2d Dist. 1970) Statutes referenced: 4th Amendment – United States Constitution 14th Amendment – United States Constitution Article 1 Section 6 – Illinois Constitution Compassionate Use of Medical Cannabis Pilot Program Act – 410 ILCS 130/1 Cannabis Regulation and Tax Act – 410 ILCS 705/1 Other States’ ruling whether smell alone justifies a search of car (as of time of my research): Massachusetts: Commonwealth v. Cruz, 459 Mass. 459 (2011) New York: People v. Brukner, 51 Misc. 3d 354 (2015) Vermont: State v. Senna, 2013 VT 67 Colorado: People v. Zuniga, 372 P.3d 1052 (2016) California: People v. Strasburg, 148 Cal. App. 4th 1052 (2007)
Sean Hocking
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