People v. Rice
125 N.E.3d 546
Ill. App. Ct.2019Background
- On Oct. 9, 2016, ISP Sgt. Michael Kasprak stopped Jeremiah Rice for speeding on I‑80 and smelled a strong odor of burnt cannabis when approaching the vehicle.
- Kasprak, trained in drug interdiction, believed the odor supplied probable cause to search the vehicle; he called for backup and asked Rice to exit the car.
- A pat‑down of Rice produced a small bag of a leafy substance; a subsequent vehicle search uncovered $37,000 and, later at the station, 1,300 pills testing positive for methamphetamine.
- Rice moved to quash arrest and suppress evidence, arguing the 2016 amendment to the Illinois Cannabis Control Act decriminalizing possession of ≤10 grams meant odor alone could not establish probable cause.
- The trial court denied suppression, finding the odor of burnt cannabis still gives probable cause to search a vehicle; Rice was convicted after a stipulated bench trial and sentenced to 11 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the smell of burnt cannabis alone supplies probable cause to search a vehicle after Illinois decriminalized possession of ≤10 grams | Odor of burnt cannabis continues to indicate criminal activity and supports probable cause | 2016 amendment decriminalized small amounts; odor alone cannot reasonably indicate criminal activity | Court held smell of burnt cannabis still gives probable cause to search; suppression denied |
Key Cases Cited
- People v. Stout, 106 Ill. 2d 77 (1985) (odor of controlled substance can establish probable cause when officer has relevant training and experience)
- People v. Luedemann, 222 Ill. 2d 530 (2006) (standard of review for suppression rulings: deference to factual findings, de novo review of legal ruling)
- People v. Jones, 215 Ill. 2d 261 (2005) (Terry principles apply to traffic stops; search authority limited absent more than stop)
- Maryland v. Pringle, 540 U.S. 366 (2003) (probable cause must be particularized; definition of probable cause)
- Ornelas v. United States, 517 U.S. 690 (1996) (officers may rely on training and experience in assessing probable cause)
- Terry v. Ohio, 392 U.S. 1 (1968) (framework for investigatory stops)
- Commonwealth v. Cruz, 945 N.E.2d 899 (Mass. 2011) (holding odor alone insufficient after decriminalization; discussed by court but not adopted)