Illinois Supreme Court

Warrantless search of an automobile

A WARRANTLESS search of an automobile may be permissible when the searching officer has probable cause to believe that the vehicle contains contraband, the Illinois Supreme Court ruled September 19. In its ruling the state high court applied a recent holding of the U.S. Supreme Court on searching a closed container wihout a warrant. In the case, The People of the State of Illinois v. Charles E. Clark, the circuit court ruled that a deputy sheriff had probable cause to search an automobile after observing what appeared to be cannabis on the floor of the vehicle during the course of a routine traffic stop. Upon further search, more cannabis was discovered in a closed container within the vehicle.

The circuit court ruled that the warrantless search was valid because of the deputy's reasonable belief that additional cannabis was present elsewhere in the automobile. The appellate court overturned the decision, holding that at the time the search was made there was no probable cause to make an arrest or to believe the vehicle contained contraband.

The Illinois Supreme Court agreed with the circuit court and concluded that the evidence presented supported the officer's determination of probable cause to search the defendant's vehicle: "As stated recently in United States v. Ross (1982) . . . 'the scope of a warrantless search of an automobile. . .is not defined by the nature of the container in which the contraband is secreted. Rather, it is defined by the object of the search and the places in which there is probable cause to believe that it may be found.' "

34 | November 1982 | Illinois Issues