People v. Hill, 2020 IL 124595

Officer Baker activated his lights to stop a vehicle because he suspected the passenger might be a wanted fugitive; the driver (Hill) delayed stopping and took several opportunities to pull over before finally stopping.
When Baker approached, he smelled a strong odor of raw cannabis, observed a loose "bud" in the backseat, and the passenger said he had smoked earlier that day.
Baker searched the vehicle, recovering cannabis residue and a small rock that later tested positive for crack cocaine.
Hill moved to suppress, arguing the stop lacked reasonable suspicion and the search lacked probable cause; the trial court granted suppression based on the stop but said the search would have been valid if the stop were valid.
The appellate court reversed, holding the stop and the search were supported by reasonable suspicion and probable cause; the Illinois Supreme Court granted review and affirmed the appellate court on different grounds.
The Supreme Court declined to resolve whether the odor of cannabis alone still supplies probable cause post-decriminalization; it found probable cause here based on the totality of the circumstances (delay in stopping, strong odor, observed bud, passenger statements).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable cause to search vehicle?	Odor of cannabis plus officer training and observations justified search.	Decriminalization/medical cannabis make odor alone insufficient; more facts required to show illegal possession.	Probable cause existed under the totality of circumstances: delay in stopping + strong odor + observed bud + passenger statements.
Effect of cannabis decriminalization and Medical Cannabis Act on "contraband" status?	Decriminalization does not legalize cannabis; possession remains unlawful and thus contraband.	Decriminalization and the Act mean mere presence of cannabis may be lawful; officers need facts showing illegality.	Decriminalization reduced penalties but did not make cannabis non-contraband for non-medical users; Act permits legal possession by registered patients but vehicle rules limit lawful possession in cars; facts supported inference of unlawful possession here.

Ornelas v. United States, 517 U.S. 690 (establishes review standard for suppression rulings: factual findings get deference; probable-cause/legal conclusions reviewed de novo)
Carroll v. United States, 267 U.S. 132 (foundational articulation of the automobile exception to the warrant requirement)
California v. Acevedo, 500 U.S. 565 (automobile-exception limits and searches of containers in vehicles)
Illinois v. Gates, 462 U.S. 213 (probable cause is a flexible, totality-of-the-circumstances test)
District of Columbia v. Wesby, 138 S. Ct. 577 (probable cause analysis considers plausibility of innocent explanations)
Heien v. North Carolina, 135 S. Ct. 530 (Fourth Amendment tolerates objectively reasonable mistakes of law or fact)
People v. Stout, 106 Ill. 2d 77 (Illinois case holding odor of burnt cannabis can supply probable cause)
People v. Smith, 95 Ill. 2d 412 (upheld probable cause to search for alcohol based on smell and visible container in vehicle)