Illinois judge says the odor of marijuana does not give police probable cause

Local News

WHITESIDE, Ill. (WTVO) — A Whiteside County Judge has ruled that the odor of marijuana does not give police enough evidence to conduct a search during a traffic stop.

The ruling stemmed from an arrest last year, in which the passenger of a vehicle was arrested for possession of cannabis after the arresting officer said he smelled the drug’s odor.

Attorney James Mertes says he plans to keep fighting the idea that the smell of marijuana isn’t enough reason to conduct a search.

“How on earth could an officer be justified in their search of a motor vehicle, based on probable cause that a crime is afoot, when the odor that the officer is relying upon to justify the search is the odor of something that is no longer illegal?” Mertes asked.

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