In Episode 340 (Duration 14:18) of the Criminal Nuggets Podcast, Kim Bilbrey of the Kane County Public Defender’s office indulges me as I ask about one of the easiest ways for police to search a car without a warrant.

Hit play to hear what she said.

In this Episode

Kim Bilbrey has been with the Kane County Public Defender’s Office for 9 years.

She and her colleagues have had some success defending cases involving drug dog sniffs. Additionally, she and her team have brainstormed numerous ways in which the legal landscape around warrantless car searches is changing.

“Can’t Miss” Moments

✓ These magic words instantly allow an officer to search a car without a warrant. (Go to 0:37) & (Go to 1:58 & 2:44)

✓ What happens when a soccer mom who hasn’t smoked weed in her life has passengers in her car who reek of the stuff. (Go to 2:04)

✓ The presence of a prescription bottle in a car does not indicate or necessarily signal criminal activity. The new cannabis environment means we may have to rethink how we think about the odor of cannabis. (Go to 3:21)

✓Possession of a gun in Illinois is not necessarily illegal anymore. So, when an officer sees a gun it’s not obvious at all that a crime is being committed. So too, the fundamental question here is this: If cannabis is not necessarily illegal anymore then how can the odor of cannabis justify a warrantless search of a car?  (Go to 4:39) & (Go to 5:08) 

✓ Kim is going be presenting at the IACDL Drug Seminar on Friday May 19, 2017. She’ll be explaining how she breaks down a drug dog sniff case and reveal her secrets on how she’s found success in these cases. Hit the link below to learn more and get registered for this CLE. (Go to 8:41)

Links & Resources

• Illinois Association of Criminal Defense Lawyers Drug Seminar
• Learn More About The IACDL
• Police Car Search Legal in Illinois if They Smell Marijuana, So Why is There an Illegal Traffic Stop Here?
• Ball-Hitch “Obstructing” Case – Traffic Stop Based on Reasonable Mistake of Law is Not Illegal