People v. Smith

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2011 IL App (2d) 120307
Decision Date: 
December 27, 2012
District: 
2d Dist.
Division/County: 
Lake Co.
Justice: 
ZENOFF
Holding: 
Reversed and remanded.
Officer testified that he smelled slight odor of fresh cannabis from inside vehicle stopped for cracked windshield, performed warrantless search, and located fresh cannabis in sealed bottle inside car, after K-9 sniff on exterior of car alerted. Officer's testimony was not so inherently implausible that court was obligated to reject. Olfactory evidence need not be treated as a form of scientific evidence subject to threshold determination of reliability. Thus, court improperly granted motion to suppress on grounds of lack of probable cause. (JORGENSEN and SPENCE, concurring.)