Illinois’ recent move to legalize marijuana for medical purposes was greeted with applause by those who suffer from certain debilitating conditions. According to the Chicago Tribune, the statute goes a long way to making marijuana easier to apply for and obtain as an alternative form of pain relief. However, the situation raises new questions about how far police can go when conducting vehicle searches. Some general information may be useful, but you should discuss your specific circumstances with an experienced Illinois criminal defense lawyer.
Overview of Unreasonable Search and Seizure
Under the US and Illinois Constitutions, police can not search you or your property unless they have a warrant that:
- Was signed by a judge;
- Specifically describes what police can look for;
- Identifies the place or person to be searched;
- Is justified by probable cause; and,
- Is supported by a sworn statement.
The intent behind the prohibition against unreasonable search and seizure is that you have an expectation of privacy in certain situations. It is against your civil rights for the police to invade your person, home, or place of business. If police do not comply with these constitutional requirements, any evidence they discover can not be used in court against you and the officers may subject themselves to personal civil liability. Without key evidence, it may be possible to have the charges against you dismissed or reduced.
Legal Developments on Searches During Traffic Stops
Courts have established certain exceptions to these constitutional rights over the years, such as in emergency situations or where evidence is open and obvious. In addition, one particular rule applies to traffic stops. Past court decisions have found that people have a lowered expectation of privacy while driving their car, so depending on the situation, police may not need a warrant to conduct a search.
However, a more recent development may be important for some cases involving Illinois marijuana crimes. In 2009, the US Supreme Court found that police must prove one of two facts to conduct a warrantless vehicle search:
- That there is an actual, ongoing safety threat; OR,
- That police need to preserve evidence related to the crime.
These are the two of the ways police can search a vehicle without a warrant, after the driver and occupants have been arrested and/or secured. In many other situation, the evidence obtained is not admissible in court.
How Legalization of Medical Marijuana Affects Police Authority
The 2009 Supreme Court case may affect Illinois drug crimes cases now that medical marijuana is legal. Before pot became legal for those with a prescription, officers could say they smelled marijuana – giving them probable cause to conduct a search of the vehicle and the occupants. The threshold for probable cause has now changed, since another occupant could have been consuming legal medical marijuana. Under such circumstances, you could have a strong defense to have any evidence tossed out of court.
Speak to a Criminal Defense Attorney About Your Fourth Amendment Rights
Constitutional search and seizure cases are extremely complicated, and even more so when new laws affect your rights. Because of the legal complexities, it is important to consult with criminal defense attorneys who have in-depth knowledge and experience representing the accused. For more information or to schedule a consultation, please contact Glasgow & Olsson at 847.577.8700. You can also learn more about our legal services for clients in Cook, Lake, DuPage, and McHenry Counties by visiting our website.
(image courtesy of Phil Desforges)