High court? Justices rule smell of cannabis alone not enough to search car in Henry County

SPRINGFIELD, Ill. (KWQC) - The Illinois State Supreme Court ruled unanimously that the smell of burnt cannabis alone is not enough to support a warrantless search of a vehicle.

According to court documents, the case began when a man was pulled over in Henry County by a state trooper on Interstate 80 on Sept. 15, 2020.

The Illinois State Trooper Hayden Combs testified he pulled over the driver, Ryan Redmond, for having an improperly secured license plate and driving 73 mph in a 70 mph zone.

Combs said that after Redmond rolled down the window, he smelled burnt cannabis. The trooper testified that he searched the car because there was an odor of burnt cannabis, Redmond gave evasive answers and Interstate 80 was “a known drug corridor.”

Combs found 1 gram of marijuana in the center console.

Redmond filed a motion to suppress the evidence, which was granted by the Henry County Circuit Court and later upheld by the appellate court.