Chicago Criminal Defense Attorney Examines the Decriminalization of Marijuana

Chicago Criminal Defense Attorney Examines Decriminalization of Marijuana releases a controversial article titled "Sorry Dude, You Still Can’t Smoke Weed in Your Car", which may cause upset amongst cannabis users. More information and the article itself can be found at https://www.defenselawyersite.com/sorry-dude-you-still-cant-smoke-weed-in-your-car/


Chicago Criminal Defense Attorney Examines Recent Illinois Case law on the Effect of Decriminalization of Marijuana in Illinois on Probable Cause. In a potentially controversial article: “Sorry Dude, You Still Can’t Smoke Weed in Your Car,” Chicago Criminal Defense Attorney analyzes the first case in Illinois post decriminalization to discuss the validity of probable cause based on the smell of marijuana. It’s conclusion is something that everyone, but perhaps marijuana users most of all, should take note of.


The 914 words article examines laws on probable cause and the smell of weed or drugs in one’s vehicle. “The court has held that distinctive odors can be persuasive evidence of probable cause. A police officer’s detection of controlled substances by their smell has been held to be a permissible method of establishing probable cause. This method of detection does not constitute an unconstitutional search.” Practically speaking this means: if the drugs smell up your car, that’s probable cause. Given the ever changing laws and attitudes on cannabis, this legal conclusion is likely to be hotly debated & litigated further in the future.


Below is a portion of the piece, which neatly captures the argument to abandon probable cause based on the smell of marijuana:


“If under 10 grams of marijuana is not a crime in Illinois: Is the smell of marijuana probable cause of a crime? Smell won’t tell you the quantity of something, only possibly its presence. You could be smelling a decriminalized amount or something more. So is the smell of marijuana still a reliable indicator that crime actually afoot? Clear enough that the police should be able to search you and your whole car? Enter the 1st Judicial District (Cook County) of Illinois to the rescue, or to ruin your high.”


Don’t let the tongue and cheek tone of this segment, or the title of the article, distract from the important lesson here. At Robert Callahan & Associates, we believe the best defense is a good offense. And to do that in this business, you first have to know the law. Although the title, “Sorry Dude, You Still Can’t Smoke Weed in Your Car” might sound like a joke, the law is anything but. Hopefully, our analysis gives people the information they need to protect themselves against the pitfalls of the criminal justice system.


The Illinois Supreme Court has yet to weigh in on the issue. This article’s conclusion could be a sign of an overall legal trend that may ultimately have to be decided by the United States Supreme Court.


DefenseLawyerSite.com has been a provider of in depth articles in the Criminal Defense Law market for 10 years. Mr Callahan created this website to provide information to those in trouble with the law, as well as to inform the general public.


The Chicago Criminal Defense Attorney Examines Recent Illinois Case law on the Effect of Decriminalization of Marijuana in Illinois on Probable Cause complete article can be found at: https://www.defenselawyersite.com/sorry-dude-you-still-cant-smoke-weed-in-your-car/


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