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Smell of burnt cannabis alone no longer justifies a police search of a vehicle, Illinois Supreme Court rules
(www.chicagotribune.com)
this post was submitted on 20 Sep 2024
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This is the police .... if you get pulled over by a jerk of an officer, they'll find a different excuse to search your vehicle ... or at the very least hold you up, get you out of your car and generally give you a hard time.
Do your lights work? How's your tire treadwear? Is your documentation up to date? You were driving about five over the limit. This is a ride check.
And one of the worst questions I absolutely hate being asked by a cop ... "Where are you going?"
Remember, they are asking if they can search your vehicle. You are allowed to say no. Then they must justify an arrest
You are.
And they are also allowed to then say they smell something and bring in a dog that responds to their commands to establish a "hit" to justify searching anyway.
If its not the smell of weed, it will just be a different smell that they claim. The issue is your rejection of their search is functionally meaningless.
Not consenting to a police search doesn't stop the search, and that's ok.
What it does is make the fruits of that search inadmissable, and may also enable you to sue them if the search was unreasonable or excessive, or the pretext violated your rights.
Even if you know you don't have anything in your car, verbally and clearly say that you don't consent to the search, and would like them to note that fact, but otherwise comply. Lots of people have been caught up by police planting evidence, and you don't want to be one of them.
Ehhh no, that's not true.
You can say no, but if they pull in some other reason (such as dogs) to give them a meaningful excuse, they now have probable cause for the search.
Anything is now 100% admissible, you can sue but its not going anywhere, and they can still get away with planting evidence because they came up with whatever probable cause necessary to perform the search anyway.
Edited to add: BTW, if your car gets all scrsthed up from the dogs, that's just too bad.
Get a dash cam, front and rear ideally, which also grabs the interior. You do not need to notify police that they are on camera, while in uniform they are public personnel and are not subject to any expectation of privacy while carrying out their "duty". But it may be good to mention you have a camera in there, and no, you will not turn it off.
Don't mention your camera because they will helpfully turn it off for you or it will mysteriously get "lost" in evidence.
Let the motherfuckers find out at discovery. By then it's too late for them.
That's why I say two and saying no you will not turn it off.
A cop fiddling with a camera after being told about it, or turning it off while "mishandling" their own body cam... Yeah that's a good reason to get things thrown out.
Added benefit of not making it to discovery by not having something planted in your car in the first place.