People v. Hill, 162 N.E.3d 260

On May 29, 2017 Officer Robert Baker initiated a vehicle stop believing the passenger might be a known fugitive; defendant Charles Hill eventually stopped after a delayed pull‑over.
When Baker approached, he smelled a strong odor of raw cannabis, observed a loose "bud" in the backseat, and the passenger acknowledged recent cannabis use.
Based on these observations Baker searched the vehicle and recovered cannabis residue and a small rock that tested positive for crack cocaine.
Hill moved to suppress, arguing lack of reasonable suspicion for the stop and lack of probable cause for the search; the trial court granted suppression based on the stop but said the search would have been valid if the stop were lawful.
The appellate court reversed, and the Illinois Supreme Court (this opinion) affirmed the appellate court—holding the search was supported by probable cause under the totality of the circumstances—and remanded for further proceedings.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Hill)	Held
Probable cause to search vehicle after officer detected cannabis odor and saw bud	Officer had probable cause based on delay in stopping, strong smell of cannabis, and visible bud in backseat	Decriminalization and medical‑cannabis statute mean mere presence/odor of small amounts is no longer sufficient; must show illegal amount or other criminality	Held: Probable cause existed under totality (delay, odor, visible bud, passenger admissions); search lawful
Effect of cannabis decriminalization and medical cannabis Act on contraband analysis	Decriminalization does not legalize cannabis possession; items still contraband when possession unlawful	Decriminalization and medical exceptions reduce contraband status and require officers to show facts indicating illegal possession	Held: Decriminalization did not eliminate contraband status for nonmedical possession; Act permits lawful possession for registered patients but Vehicle Code restricts in‑car possession (sealed container rule), so observed bud + odor supported probable cause that a crime/evidence was present

Ornelas v. United States, 517 U.S. 690 (1996) (standards for appellate review of suppression rulings)
Carroll v. United States, 267 U.S. 132 (1925) (automobile exception; warrantless auto searches permitted with probable cause)
California v. Acevedo, 500 U.S. 565 (1991) (automobile search principles)
Illinois v. Gates, 462 U.S. 213 (1983) (totality‑of‑the‑circumstances test for probable cause)
Heien v. North Carolina, 574 U.S. 54 (2014) (Fourth Amendment tolerates reasonable mistakes of fact or law)
Texas v. Brown, 460 U.S. 730 (1983) (probable cause deals with probabilities not certainties)
People v. Smith, 95 Ill. 2d 412 (1983) (officer smelled alcohol and saw bottle—probable cause to search for illegal alcohol transport)
People v. Stout, 106 Ill. 2d 77 (1985) (odor of burnt cannabis historically sufficient for probable cause)
Warden v. Hayden, 387 U.S. 294 (1967) (no legitimate privacy interest in contraband)
Illinois v. Caballes, 543 U.S. 405 (2005) (contraband possession negates a privacy interest)