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?
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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