Defendant was convicted of possession of a controlled substance with intent to deliver and possession of a controlled substance and was sentenced to 15 years in prison. On appeal, defendant argued that police lacked probable cause when they searched his vehicle, that the trial court erred when it permitted a witness to testify regarding defendant’s intent, that the State failed to prove he had the intent to deliver, and that his sentence was an abuse of discretion. The appellate court affirmed, finding that the smell of cannabis was sufficient to form the basis for probable cause to search the vehicle and that the trial court did not err in the admission of evidence or in the imposition of a sentence. (McLAREN, concurring and JORGENSEN, specially concurring)
Illinois Appellate Court
Criminal Court
Probable Cause