Q: Is the smell of marijuana probable cause to search a vehicle in Illinois?
So what about the ruling from Judge Daniel Dalton that states that the odor of cannabis is not probable cause for a vehicle search? Is that only for Whiteside County?
A:
Yes. Although the State of Illinois legalized personal use of marijuana, however, its use while driving is still prohibited and may result in a charge of driving under the influence (same as DUI).
Therefore, a smell of marijuana from the vehicle creates a legitimate probable cause to investigate and even search a vehicle without a warrant.
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