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Illinois Supreme Court rules smell of burnt weed does not justify police vehicle searches

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SPRINGFIELD, Ill. — The Illinois Supreme Court has ruled that the odor of marijuana smoke can no longer be used to justify police officers searching a person’s vehicle.

The judges ruled 6-0 on Thursday in favor of striking down the law that was in effect during the time that marijuana was illegal in the state.

In The People vs. Redmond, the justices ruled that the smell of marijuana alone was not enough to warrant a search — additional, potentially illegal activities would have to be a factor in an officer’s decision to search a person’s vehicle.

“We hold that the odor of burnt cannabis, alone, is insufficient to provide probable cause for police officers to perform a warrantless search of a vehicle,” Justice Scott Neville wrote in the court’s decision.

More on the Illinois Supreme Court’s ruling and marijuana laws in Illinois.

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