After bench trial, minor Respondent was adjudicated delinquent of aggravated unlawful use of a weapon and unlawful possession of a weapon and committed to Department of Juvenile Justice for indeterminate period of time. Respondent was seized when police officers arrived on scene and positioned their unmarked squad car diagonally in front of idling vehicle, stopped in a no parking zone, in which Respondent was a passenger and then surrounded vehicle. Odor of cannabis emanating from vehicle afforded officers with reasonable suspicion required to justify seizure. Decriminalization of marijuana is not synonymous with legalization, so that case law holding that odor of marijuana is indicative of criminal activity remains viable. Court properly denied Respondents motion to suppress. Officers testimony that Respondent never showed him a valid FOID card that that Respondent did not have and had not been issued a valid FOID card, although without explanation, was sufficient evidence that Respondent had not been issued a valid FOID card. (MASON and HYMAN, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing