Attorney Clyde Guilamo tells you the truth about whether police in Illinois can search your car based on the smell of cannabis. We'll discuss the seminal case of People v. Stout and the recent appellate court case of People v. Stribling.
#lawtalkfornonlawyers #clydeguilamo #reallawyerexplains
-- TIMESTAMPS --
00:00 Intro | People v. Stribling, 2022 IL App (3d) 210098
01:12 Illinois Sniff and Search Law | People v. Robert Stout, 106 Ill. 2d 77 (Ill. 1985)
01:34 People v. Hill, 2020 IL 124595 (Ill. 2020)
04:16 Smell of burnt cannabis is not enough to establish probable cause?
04:50 How does the change in the law apply to you?
Citations:
Article Analyzed: "Odor of cannabis no longer provides basis for vehicle search in Illinois" by Andy Carrigan - [ Ссылка ]
Major Illinois Cases:
People v. Stout, 106 Ill. 2d 77 (Ill. 1985)
People v. Rice, 2019 Ill. App. 3d 170134 (3d Dist. 2019)
People v. Hill, 2020 IL 124595 (Ill. 2020)
People v. Stribling, 2022 IL App (3d) 210098
People v. Redmond, 2022 IL App (3d) 210524
People v. Molina, 2022 IL App (4th) 220152
Split Of Districts which resulted in People v. Stout:
5th District: People v. Smith, 67 Ill. App. 3d 952 (5th Dist. 1978), and People v. Laird, 11 Ill. App. 3d 414 (5th Dist. 1973)
4th District: People v. Houldridge, 117 Ill. App. 3d 1059 (4th Dist. 1983)
3rd District: People v. Wombacher, 104 Ill. App. 3d 812 (3d Dist. 1982) and People v. Argenian, 97 Ill. App. 3d 592 (3d Dist. 1981)
2nd District: People v. Erb, 128 Ill. App. 2d 126 (2d Dist. 1970)
Statutes referenced:
4th Amendment - United States Constitution
14th Amendment - United States Constitution
Article 1 Section 6 - Illinois Constitution
Compassionate Use of Medical Cannabis Pilot Program Act - 410 ILCS 130/1
Cannabis Regulation and Tax Act - 410 ILCS 705/1
Other States' ruling whether smell alone justifies a search of car (as of time of my research):
Massachusetts: Commonwealth v. Cruz, 459 Mass. 459 (2011)
New York: People v. Brukner, 51 Misc. 3d 354 (2015)
Vermont: State v. Senna, 2013 VT 67
Colorado: People v. Zuniga, 372 P.3d 1052 (2016)
California: People v. Strasburg, 148 Cal. App. 4th 1052 (2007)
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Attorney Clyde Guilamo
The Law Office of Clyde Guilamo
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This content is the property of The Law Office of Clyde Guilamo. Anything stated in ANY form of media, either expressly or implied, is educational and not legal advice, nor are Attorney Clyde Guilamo or the Law Office of Clyde Guilamo giving you legal advice. Dude, this is a youtube video. In order to keep this simple, I have to leave a ton of stuff out. Go talk to a lawyer.
Nothing here should be construed to form an attorney-client relationship. Nor is there intent to form a lawyer-client relationship when interacting with others on the internet and in social media outlets. Past performance talked about in any context is no guarantee of future results.
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Song Credit:
Over You - Atch
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