David Mordt | Facebook / David Mordt
David Mordt | Facebook / David Mordt
David Mordt, a law enforcement officer and former candidate for Boone County sheriff, is decrying a bill that would disallow searches of cars if police smell marijuana.
“Here’s another bill that our representatives let slip past us, just like the safety act!! If open alcohol is illegal, anywhere in the vehicle, why should open cannabis be legal? Alcoholic beverages are stored in sealed, odor-proof containers, shouldn’t cannabis be?” Mordt said on Facebook.
The bill’s synopsis provides details on what it would do.
“Amends the Illinois Vehicle Code. Provides that the odor of burnt or raw cannabis in a motor vehicle by itself shall not constitute probable cause for the search of a motor vehicle or person,” the synopsis reads.
The Cannabis Regulation and Tax Act allows Illinoisans over the age of 21 to possess up to 30 grams of cannabis flower; 500 milligrams of THC contained in the cannabis-infused product; 5 grams of cannabis concentrate. Non-residents who are 21 years of age or older are allowed to have 15 grams of cannabis flower; 2.5 grams of cannabis concentrate; 250 milligrams of THC contained in the cannabis-infused product. The possession limits according to the Act "are to be considered cumulative."
In 2021 a precedent was set by Whiteside County Judge Daniel P. Dalton who ruled that the smell of marijuana was no longer probable cause to search vehicles. Jim Kaitschuk, the executive director for Illinois Sheriffs' Association, spoke out against the ruling at the time. “We don’t know how much is in a vehicle," Kaitschuk said, according to Fox Illinois. "I mean it can smell pretty strong regardless of the amount. I find it problematic. I think roads will become less safe because of actions like this."
Mordt, during the campaign period for the Boone County sheriff race, said he has been in law enforcement for 35 years. "During my time at the Boone County Sheriff's Department, I worked in several capacities; patrol, K9, DEA task force officer, narcotics detective, general case detective and supervisor," he said.
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