By Samuel Partida, Jr.
People v. Molina, 2024 IL 129237 (December). Episode 1079 (Duration 11:45)
The odor of burnt cannabis suggests prior or current cannabis use, and the odor of raw cannabis suggests that cannabis is currently possessed in the area where the odor is detected.
[Read more…]By Samuel Partida, Jr.
People v. Redmond, 2024 IL 129201 (September). Episode 1052 (Duration 14:11)
Officer Combs’s detection of the strong odor of burnt cannabis coming from the vehicle certainly established reasonable suspicion to investigate further, but alone did not justify the search of the car.
[Read more…]By Samuel Partida, Jr.
People v. Page, 2024 IL App (1st) 220830 (February). Episode 1028 (Duration 5:56)
Officer sees a man with a gun magazine, but has no reason to conclude the man’s possession of a firearm was illegal.
[Read more…]By Samuel Partida, Jr.
People v. Streater, 2023 IL App (1st) 220640 (November). Episode 1015 (Duration 4:07)
We choose to follow the well-reasoned decision in Braswell, and those cases following it, and agree that, where probable cause exists, a warrantless public arrest based on an investigative alert or an instruction to arrest from the investigating officer is constitutional, so long as it is supported by probable cause.
[Read more…]By Samuel Partida, Jr.
People v. Workheiser, 2022 IL App (3d) 200450 (September). Episode 960 (Duration 4:47)
Slurred speech, dexterity issues, confusion, and difficulty following instructions established probable cause for DUI arrest.
[Read more…]By Samuel Partida, Jr.
People v. Randall, 2022 IL App (1st) 210846 (September). Episode 959 (Duration 10:38)
The initial “thorough” search of the vehicle, which uncovered no contraband, dissipated any probable cause that was created by the observations of furtive movements and nervousness.
[Read more…]By Samuel Partida, Jr.
People v. Stribling, 2022 IL App (3d) 210098 (September). Episode 958 (Duration 4:21)
The smell of the burnt cannabis, without any corroborating factors, is not enough to establish probable cause to search the vehicle.
[Read more…]By Samuel Partida, Jr.
People v. Smith, 2022 IL App (1st) 190691 (July). Episode 955 (Duration 7:53)
Defendant’s warrantless arrest was improper, as it was premised solely on an investigative alert issued six months earlier.
[Read more…]By Samuel Partida, Jr.
People v. Sims, 2022 IL App (2d) 200391 (March). Episode 933 (Duration 8:08)
The odor of cannabis was indicative of criminal activity, and defendant who voluntarily sat in the passenger seat of a squad car was not in custody.
[Read more…]By Samuel Partida, Jr.
People v. Molina, 2022 IL App (4th) 220152 (November). Episode 926 (Duration 8:17)
An officer who smells cannabis in a vehicle he has just stopped is almost certain to discover a violation of the Vehicle Code because the law clearly states that when cannabis is transported in a private vehicle, the cannabis must be stored in a sealed, odor-proof container.
[Read more…]