The Illinois Supreme Court has ruled that law enforcement cannot rely on the odor of burnt cannabis alone to justify a warrantless vehicle search. This decision resolved a split between Illinois appellate courts, where the Second District previously held that the smell of cannabis could justify a warrantless search, as seen in People v. Harris, while the Third District held the opposite in People v. Stribling. The plaintiff’s attorney, Bruce L. Carmen, remarked that this decision seemed logical following the legalization of recreational cannabis and looks forward to further rulings regarding the odor of raw cannabis in vehicle searches.
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