103 F.4th 483
7th Cir.2024Background
- Prentiss Jackson was pulled over in Urbana, Illinois just after midnight for driving without illuminated headlights and taillights.
- During the traffic stop, the officer smelled unburnt marijuana coming from the car and questioned Jackson, who admitted to having smoked earlier but not in the car.
- Jackson handed over a baggie of unburnt marijuana to the officer after the officer explained the relevant Illinois law on marijuana in vehicles.
- The officer announced he would search the car and Jackson, prompting Jackson to flee; while fleeing, a firearm fell from Jackson’s waistband.
- Jackson was charged with being a felon in possession of a firearm and moved to suppress evidence of the gun as the product of an unlawful search.
- The district court denied the motion to suppress, Jackson pleaded guilty conditionally, reserving the right to appeal, and the district court’s suppression decision is now at issue.
Issues
| Issue | Jackson's Argument | Government's Argument | Held |
|---|---|---|---|
| Probable cause to search based on marijuana smell | Odor of unburnt marijuana alone does not provide probable cause post-legalization | Officer had probable cause under totality of circumstances and marijuana odor alone | Probable cause existed under totality and by odor alone |
| Officer's credibility on marijuana smell | Officer could not have reliably detected small amount; did not conduct tests | Testimony was credible, supported by bodycam and Jackson’s eventual handover | District court’s credibility finding not clearly erroneous |
| Legality of officer ordering Jackson from car | Without probable cause for search, ordering out was not permitted | Mimms permits ordering occupants out after lawful stop, regardless of suspicion | Legal to order Jackson out after lawful stop |
| Suppression of firearm discovery | Gun discovery resulted from unlawful search/seizure | Discovery occurred during lawful investigation/seizure | Evidence of gun not suppressed |
Key Cases Cited
- Pennsylvania v. Mimms, 434 U.S. 106 (officer may order occupants out of car after lawful stop)
- Illinois v. Gates, 462 U.S. 213 (probable cause standard is totality of the circumstances)
- United States v. Ross, 456 U.S. 798 (automobile exception for warrantless vehicle search)
- Brigham City v. Stuart, 547 U.S. 398 (reasonableness is the touchstone of the Fourth Amendment)
- Arizona v. Gant, 556 U.S. 332 (exceptions to warrant requirement)
- Ohio v. Robinette, 519 U.S. 33 (objective reasonableness governs Fourth Amendment analysis)