People v. Redmond

This consolidated case presents question as to whether trial court properly granted defendant's motion to suppress cannabis that was seized from his vehicles, under circumstances where arresting officers indicated that there was probable cause to search said vehicle based upon odor of burnt cannabis emitting from said vehicles. Appellate Court, in affirming trial court, held that odor of burnt cannabis emitting from vehicle was insufficient to support finding of probable cause. While Illinois Supreme Court has previously granted petition for leave to appeal that raised same issue, this case is different in sense that instant vehicle stop occurred after legislature legalized recreational use of marijuana. Appellate Court in Molina, No. 129237, in reversing dismissal of defendant’s charge of unlawful possession of marijuana by passenger in vehicle, agreed with State that odor of cannabis alone can establish probable cause to search vehicle.