IL bill could block police from searching vehicles based on marijuana smell

SPRINGFIELD, Ill. (WAND) — A plan that would stop law enforcement from searching vehicles on the sole basis of marijuana smell has passed the Illinois Senate.

An Illinois Supreme Court ruling last year in September did not give probable cause for officers to search a vehicle on the smell of burnt cannabis. However, a ruling in December last year by the same judicial body gave probable cause for law enforcement to search a vehicle on the smell of raw cannabis.

Democratic lawmakers say this has made the law unclear and hope to clarify it with a new bill. It would make it illegal for police to search a vehicle on the sole basis of marijuana smell.

"This is to make sure we're not overly burdening our law enforcement," state Sen. Rachel Ventura (D-Joliet) said. "They cannot have their cases thrown out which is happening today because of the different ruling here."

The proposal saw fierce opposition from GOP lawmakers. State Sen. Chapin Rose (R-Champaign) has prosecuted people with DUI's before he joined the state legislature.

Rose says a key issue with the bill is that it won't allow law enforcement to do a sobriety test based on the smell of cannabis. He also says it could have potentially deadly consequences.

"I'll tell you what the day will come when that person will be let go, drive down the road, get in wreck and kill somebody," Rose said. "That police department that Count Sheriff is going to get sued because they put an impaired drive back on the road and they didn't even follow up because they're prohibited by it."

Other GOP arguments include that if the plan passes, drug dealers could hide the smell of illegal drugs with marijuana.

Democratic supporters of the bill said it won't limit law enforcement, only stopping the smell of cannabis as the sole cause of search.

"It's an emotionally charged area of law where there can be fatalities in the event that there is a driver that drives high and kills somebody," state Sen. Michael Hastings (D-Frankfort) said. "But in this situation, I believe this bill narrowly focuses on probable clause."

The proposal passed out of the Senate with a 33-20 vote. All GOP members voted against the bill alongside one Democrat, state Sen. Meg Loughran Cappel (D-Crest Hill). The bill will now head to the House for further debate.