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In a brief asking the court to hear the case, Redmonds lawyers wrote that even though the legal use of cannabis via smoking is still in its infancy, the rights attendant to being free from unreasonable searches and seizures are not, and that it would be absurd now that marijuana is legal in Illinois if anyone who smoked cannabis and either did not change his clothes or bathe before driving a car would not have the same Fourth Amendment rights as persons who may have engaged in similarly legal activities which trigger olfactory responses consistent with the possibility of criminal activity. The American Civil Liberties Union of Illinois in a friend-of-the-court brief urged the justices to hold that the smell of cannabis isnt sufficient for a warrantless car search, on the basis that such vehicle searches, typically following pretextual traffic stops, disproportionately burden Black and Latino drivers, who are likewise targeted for disparate enforcement of cannabis laws. Under Illinois law, drivers and passengers cant use pot when a car is in motion, and no driver may use cannabis within the passenger area of any motor vehicle upon a highway in this State. Cannabis must also be transported and stored in a secure, sealed, odor-proof and child-resistant container thats reasonably inaccessible while the vehicle is moving. Smell of Raw Cannabis The Redmond case was consolidated with another case, The People v
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