After Illinois passed the Cannabis Regulation and Tax Act which became effective in 2020, can police still search a car when they smell cannabis? Episode 745 (Duration 44:50)
[Read more…]Traffic Stop Based On Mistaken Identity Leads To An Odor Of Cannabis
People v. Hill, 2019 IL App (4th) 180041 (January). Episode 584 (Duration 16:08)
Officer sees passenger riding low in the seat and thinks it may be a guy wanted on warrant, turns out it wasn’t him.
[Read more…]Coercion And Consent To Search A Vehicle
Part 6: When Does Police Questioning Become Coercive?
[Read more…]Consent To Search A Vehicle Case Law
Part 5: Do I Have To Give Police Consent To Search My Vehicle?
The majority of roadside car searches are done without a warrant and without probable cause.
How’s that possible you may ask?
[Read more…]Everything You Ever Wanted To Know About Police Inventory Search Of A Vehicle In Illinois
Part 4: Police Inventory Car Search
Are impoundment/inventory searches lawful where probable cause does not exist for the vehicle?
Yes.
[Read more…]What Constitutes Probable Cause To Search A Vehicle?
Part 3: Probable Cause & The Automobile Exception
Probable cause to search car means if an officer has reason to believe that there is evidence of a crime in a car that car can be searched without a warrant.
If probable cause exists for the vehicle itself, is it lawful to perform a warrantless search of the vehicle?
Yes.
[Read more…]Can Police Order A Driver And Passenger Out Of A Car During A Traffic Stop?
Part 2: The Ordinary Scope Of A Traffic Stop
Before there can be a car search there usually is a traffic stop. But does a traffic stop alone allow a warrantless search of a vehicle?
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