Asked in Cannabis & Marijuana Law for Illinois

Q: do police officers have the right to say they smell marijuana and then search your car? in Illinois

i got wrongly pulled over for a stop sign that led to my car being searched and me being in handcuffs because it smelled like marijuana i am trying to find out if what the cop did to me is wrong or not

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1 Lawyer Answer
Alexander Ivakhnenko
Alexander Ivakhnenko
  • Wheeling, IL
  • Licensed in Illinois

A: Yes.

One of the legitimate investigative tools for the police is personal observation and senses. Thus, if a police officer detects a smell of controlled substances that provides a reasonable probable cause to continue to investigate possible contraband in the vehicle.

Secondly, if a police officer notices a portion of a weapon or a firearm anywhere in the vehicle of person that also creates a legal nexus to conduct a warrantless search.

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