People v. Rice

Illinois Appellate Court
Criminal Court
Possession of a Controlled Substance
Citation
Case Number: 
2019 IL App (3d) 170134
Decision Date: 
Tuesday, April 16, 2019
District: 
3d Dist.
Division/County: 
Bureau Co.
Holding: 
Affirmed.
Justice: 
LYTTON

After stipulated bench trial, Defendant was convicted of unlawful possession of a controlled substance. Court properly denied Defendant's motion to quash arrest and suppress evidence, as probable cause for search existed once officer identified odor of burnt cannabis during traffic stop. Knowing possession of cannabis is still a criminal offense and possession of more than 10 grams remains an unlawful act subject ot criminal penalties. Odor of cannabis is indicative of criminal activity notwithstanding decriminalization of possession of a small amount of marijuana. (CARTER and O'BRIEN, concurring.)