United States v. Prentiss Jackson
Slip Opinion (2024)
Rule of Law:
The smell of unburnt marijuana, particularly when combined with other traffic violations, provides probable cause under the Fourth Amendment to search a vehicle and its occupants, even in states that have legalized recreational marijuana but maintain restrictions on its transportation and packaging.
Facts:
- Just after midnight on June 11, 2022, Prentiss Jackson was driving through Urbana, Illinois, with unlit head and taillights.
- An Urbana police officer conducted a traffic stop, during which Jackson was unable to produce his driver's license.
- The officer smelled the odor of unburnt marijuana emanating from Jackson's car.
- Jackson admitted to the officer that he had smoked marijuana earlier in the day but claimed he had not smoked inside the car.
- The officer informed Jackson he would search him and the car, and in response, Jackson handed the officer a tied-off plastic baggie containing about two grams of unburnt marijuana.
- The officer instructed Jackson to exit the car and walk to the back.
- As the officer turned to put his flashlight in its holster, Jackson ran.
- A few seconds into his flight, Jackson tripped, and a gun fell from his waistband.
Procedural Posture:
- Prentiss Jackson was indicted for possessing a firearm as a felon.
- Jackson filed a motion to suppress evidence of the gun in the U.S. District Court for the Central District of Illinois, arguing it resulted from an unlawful search and seizure.
- The District Court held a suppression hearing, where the officer testified and bodycam video evidence was presented.
- The District Court denied Jackson's motion to suppress.
- Jackson entered a conditional guilty plea in the District Court, reserving his right to appeal the denial of his motion to suppress.
- The District Court sentenced Jackson to 72 months’ imprisonment and, in a separate but related case (23-1708), revoked his supervised release for unlawfully possessing a firearm.
- Jackson appealed the District Court's denial of his motion to suppress to the United States Court of Appeals for the Seventh Circuit.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does the odor of unburnt marijuana, especially when combined with other traffic violations, provide probable cause under the Fourth Amendment to search a vehicle and its occupants in a state that has legalized recreational marijuana subject to transportation restrictions?
Opinions:
Majority - Brennan, Circuit Judge
Yes, the odor of unburnt marijuana, especially when combined with other traffic violations, provides probable cause under the Fourth Amendment to search a vehicle and its occupants in a state that has legalized recreational marijuana subject to transportation restrictions. The court affirmed that the officer had probable cause to search Jackson and his vehicle, whether based on the totality of the circumstances or solely on the smell of unburnt marijuana. The traffic stop was lawful due to Jackson driving without head or taillights, and he also committed a state law violation by not having his driver's license. The odor of unburnt marijuana further signaled a potential violation of Illinois law regarding improper marijuana container packaging within a vehicle. Additionally, Jackson's admission to smoking marijuana earlier, combined with the traffic violations, suggested he might be driving while impaired. The court noted that law enforcement does not need to rule out every innocent explanation for probable cause to be established, as probable cause requires only a probability or substantial chance of criminal activity. Citing People v. Molina and People v. Harris, the court emphasized that Illinois appellate courts have consistently held that the smell of unburnt cannabis in a vehicle, even post-legalization, provides probable cause for a search because state law requires cannabis to be transported in sealed, odor-proof containers. Therefore, the smell itself indicates a likely violation of the Vehicle Code. The court also briefly noted that possession of marijuana remains illegal under federal law, but stated that this point was not essential to its conclusion due to the state law violations.
Analysis:
This case clarifies the application of the Fourth Amendment's probable cause standard and the automobile exception in the context of evolving state marijuana legalization laws. It establishes that state-level legalization does not inherently negate the probable cause established by the smell of marijuana if state laws still impose restrictions on its transportation, possession, or use (e.g., packaging requirements). The decision reinforces the 'totality of the circumstances' approach, allowing courts to consider multiple factors—including minor traffic infractions and the odor of contraband—to establish probable cause, even if each factor individually might not suffice. This ruling provides a clear precedent for law enforcement in jurisdictions with similar marijuana laws, ensuring that the smell of unburnt marijuana can still be a valid basis for a search.
