Carthage, IL asked in Cannabis & Marijuana Law, Criminal Law and Civil Rights for Illinois

Q: In Illinois, would finding less than 5grams of marijuana on person be considered probable cause to search vehicle?

Pulled over for license plate light and came back clean when running license. Pulls me out of car, and I had .5g or less and he said that gave him probable cause to search. It's not illegal to be in possession of marijuana in Illinois so why would that give him probable cause? I believe my 4th, 5th & possibly the 14th amendments was violated.

2 Lawyer Answers
Dan Nold
Dan Nold
Answered
  • Criminal Law Lawyer
  • Crystal Lake, IL
  • Licensed in Illinois

A: It’s illegal to possess marijuana in a vehicle unless it is basically in store packaging. So the search was probably legal. You should have an attorney evaluate the evidence for potential motions or to negotiate on your behalf.

Alexander Ivakhnenko agrees with this answer

1 user found this answer helpful

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Criminal Law Lawyer
  • Wheeling, IL
  • Licensed in Illinois

A: Perfectly legitimate reason to search.

Once the narcotics found inside the vehicle it would provide the officer with legitimate probable cause to search the vehicle.

1 user found this answer helpful

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