Illinois Police May Not Be Able To Search Cars If They Smell Cannabis

New legislation might change the way traffic stops go.

We've seen plenty of bodycam videos and DUI/DWI stories that start with someone getting pulled over for driving like a moron then the officer smells cannabis in the car.

What often happens then is a search of the car. Which, surprise surprise, often turns up marijuana somewhere.

Now, an Illinois committee has advanced a bill that would ban car searches based on the smell of cannabis in the car. Specifically, it reads like this:

Amends the Illinois Vehicle Code. Removes the requirement that cannabis within any area of a motor vehicle must be in an odor-proof container. Provides that if a motor vehicle is driven or occupied by an individual 21 years of age or over, a law enforcement officer may not stop or detain the motor vehicle or its driver nor inspect or search the motor vehicle, the contents of the motor vehicle, or the operator or passenger of the motor vehicle solely based on the odor of burnt or raw cannabis.

So in addition to the search part, cannabis wouldn't have to be transported in an odor-proof container either.

If the occupant of the car is at least 21 years old, police can't search the car based only on the smell of cannabis.

Burnt Cannabis vs. Raw

Last year, the Illinois Supreme Court handed down two rulings involving this. In September, they said that police couldn't search a car based on the smell of burnt cannabis. But a few months later, they said police had probable cause to search a car based on the smell of raw cannabis.

As you can imagine, there's been all kinds of input on the bill. The ACLU supports it while law enforcement argues it makes drug traffickers and impaired drivers harder to catch.

Now, the bill has been referred to Assignments for further review.