The Illinois Supreme Court ruled that the smell of raw odor provides legal grounds for police to conduct vehicle searches. The decision stemmed from the case of Vincent Molina, charged with misdemeanor possession following a 2020 traffic stop where a state trooper smelled raw odor and discovered joints and a sealed box in the vehicle.
While the trial court initially ruled the search unjustified due to Illinois’ adult-use legalization, the appeals court reversed the decision, and the Supreme Court upheld it in a 4-2 ruling.
“In short, while odor is generally legal to possess, it is illegal to possess in a vehicle on an Illinois highway unless in an odor-proof container,” the ruling stated. “The odor of raw odor strongly suggests possession outside the legal parameters.”
This ruling marks a departure from a September decision that found the smell of burnt odor insufficient grounds for vehicle searches, with the court reasoning that burnt odor could linger after legal consumption.
Chief Justice Mary Jane Theis and Justice Mary K. O’Brien dissented, with O’Brien criticizing the logic of treating raw odor as more incriminating than burnt odor, arguing that neither reliably indicates a crime.
Molina’s attorney announced plans to appeal the case to the U.S. Supreme Court, potentially setting the stage for further legal challenges.
