Criminal Nuggets | A Criminal Law Podcast

In 2020 Can Police Search Your Car If They Smell Marijuana?

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After Illinois passed the Cannabis Regulation and Tax Act which became effective in 2020, can police still search a car when they smell cannabis? The Old “Smell Of Weed Rule” In Illinois Before Decriminalization Of 2020 The warrantless search of a car is authorized “where a trained and experienced police officer detects the odor of cannabis emanating from a defendant’s vehicle.” People v. Stout, 106 Ill.2d 77, 88 (1985) The question today, is if this rule survived the cannabis law change in 2020. In This Episode… “The officer would probably be better suited to try and find more information, more probable cause, to layer that probable cause.” — John “Jack” Duggan Attorney John Duggan Jack’s father is a retired Chicago Police Officer. Jack followed in his father’s footsteps and became a Police Officer for the Village of Oak Park. While working as a Police Officer, Jack decided to continue his studies and attended The John Marshall Law School.  Jack focuses his practice in the areas of Real Estate, Family Law,