People v. Hall

Illinois Appellate Court
Criminal Court
Probable Cause
Cannabis
Citation
Case Number: 
2023 IL App (4th) 220209
Decision Date: 
Wednesday, January 25, 2023
District: 
4th Dist.
Division/County: 
Henry Co.
Holding: 
Reversed and remanded.
Justice: 
DeARMOND

State appealed from trial court order granting defendant’s motion to suppress evidence discovered in conjunction with a traffic stop, arguing that the odor of cannabis alone constituted probable cause to search the vehicle. The appellate court reversed and remanded, finding that the officer had probable because she did not rely on the odor of cannabis alone, but only searched the vehicle after one of the occupants admitted to possessing cannabis. The court further commented that it was not persuaded by defendant’s argument that the odor of cannabis alone cannot establish probable cause to search a vehicle because the Vehicle Code requires that cannabis be transported in an odor-proof container. (CAVANAGH and HARRIS, concurring)