Robert J Callahan | Chicago, IL Criminal Defense Lawyer | Attorney
  • Email
  • Facebook
  • Foursquare
  • Google+
  • Twitter
  • Yahoo
  • YouTube
  • RSS
CALL NOW 312-322-9000
Menu
  • Home
    • News
    • Press Releases
    • Criminal Defense Lawyer Blog
      • CLEMENCY GRANTED
      • STORE OWNER SHOOTS & KILLS LOOTER- NO CHARGES FILED AFTER HIRING
      • CAN YOUR LOVED ONE BE RELEASED FROM COOK COUNTY JAIL DUE TO THE CORONAVIRUS?
      • COVID-19 IN THE COOK COUNTY JAIL
      • ARRESTED IN CHICAGO FOR AGGRAVATED UUW BUT HAVE A FOID? WTF?
      • CHICAGO STYLE CRIME
      • SORRY DUDE, YOU STILL CAN’T SMOKE WEED IN YOUR CAR
      • SEALING AND EXPUNGEMENT YOUR CRIMINAL RECORD IN ILLINOIS
      • .08 BUT YOUR LAWN LOOKS GREAT – WHAT CAN & CAN’T YOU DRIVE DRUNK?
      • CAN THE POLICE ENTER YOUR HOME WITHOUT A WARRANT?
      • CHICAGO POLICE DIDN’T READ ME MY RIGHTS?
      • POTENTIAL CHANGES IN ILLINOIS CRIMINAL LAW
      • Close
    • The Chicago Criminal Defense Attorneys Scholarship
    • Criminal Defense Law Resources
    • Chicago Criminal Lawyer Videos
    • About Our Defense Firm
      • Robert J. Callahan
      • Jeffrey Marx
      • Paul C. Meyers
      • Hablo Espanol
        • Video en Español
        • Close
      • Close
    • FAQs
    • Close
  • Victories
  • Clemency Attorneys
    • Illinois Governor’s Pardon
    • Clemency in Illinois
    • Illinois Executive Clemency Attorney
    • Close
  • Criminal Law
    • Clemency in Illinois
    • Gun Charge in Illinois FAQs
    • Drug Arrests and Drug Charges
    • Class X Felony Defense
    • Assault and Battery Criminal Defense Lawyer
    • Chicago Traffic Offenses
      • Illinois DUI Charges
      • DUI in Chicago, IL
      • Leaving Accident
      • Close
    • Criminal Defense Lawyer For Juvenile Crime in Chicago
    • Felony Weapons Charges
    • White Collar Crimes and Criminal Cases
    • CHICAGO CRIME: BY THE NUMBERS
    • Close
  • Federal Charges
    • The FBI has Questioned me; do I need an attorney?
    • Federal Conspiracy Charges
    • Federal Weapons Charges
    • Federal RICO Charges
    • Close
  • Testimonials
  • Contact
    • Live Chat
    • Call Us at 312-322-9000
    • Email Us
    • Close
  • Home
  • Blog
  • SORRY DUDE, YOU STILL CAN’T SMOKE WEED IN YOUR CAR
Click to Call 312-322-9000

Recent Criminal Case Victories


Robert J. Callahan

Rated by Super Lawyers

loading …


Call (312) 322-9000 and Start Fighting for Your Rights.

Click on the criminal defense case victory links below to learn more about how we won each case.

Recently Won Cases

(Actual Dates and Cases)

JUNE 2022

Class 4 Felony Unlawful Use of Weapon – NOT GUILTY
Class 1 Felony Possession of an Controlled Substance – CASE DISMISSED
Domestic Battery – CASE DISMISSED

MAY 2022

First Degree Murder – CASE DISMISSED
Class 4 Felony Aggravated Unlawful Use of a Weapon – CASE DISMISSED
Assault – CASE DISMISSED
Aggravated Unlawful Use of Weapon by a Felon – CASE DISMISSED
Violation of Concealed Carry Permit – CASE DISMISSED
First Degree Murder – REDUCED TO ARMED ROBBERY

APRIL 2022

Class 4 Felony Criminal Damage to Property – REDUCED TO A MISDEMEANOR
Unlawful Use of Weapon – CASE DISMISSED

MARCH 2022

Aggravated Assault – CASE DISMISSED

FEBRUARY 2022

Class 4 Felony Unlawful Use of Weapon – REDUCED TO A MISDEMEANOR
Domestic Battery – CASE DISMISSED
Class 3 Felony Theft – NOT GUILTY

JANUARY 2022

DUI- Class A Misdemeanor – Dismissed Unlawful Use of a Weapon – Class A Misdemeanor – Dismissed

DECEMBER 2021

Domestic Battery – Class A Misdemeanor – Dismissed

NOVEMBER 2021

Battery- Bodily Harm – Class A Misdemeanor- Dismissed

OCTOBER 2021

Violation of Order of Protection – Class A Misdemeanor- Bench Trial- Not Guilty Unlawful Use of a Weapon – Class A Misdemeanor- Dismissed

SEPTEMBER 2021

Domestic Battery-Bodily Harm- Class A Misdemeanor – Bench Trial- Not Guilty Possession of Controlled Substance- Class 4 Felony – Dismissed Aggravated Unlawful Use of a Weapon – Class 4 Felony – Dismissed

AUGUST 2021

Manufacturing and Delivery of 900+ grams of Methamphetamine, Cocaine and Heroin – CASE DISMISSED Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED Aggravated Unlawful Use of a Weapon – Class 4 Felony – Entered into Veteran’s Treatment Court

JULY 2021

Disorderly Conduct – Class A Misdemeanor – CASE DISMISSED Leaving the Scene of an Accident – Class A Misdemeanor – CASE DISMISSED

JUNE 2021:

Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED Retail Theft- Class A Misdemeanor – CASE DISMISSED Possession of Cannabis in a Motor Vehicle – Ordinance Violation – CASE DISMISSED Criminal Damage to Property – Class A Misdemeanor – CASE DISMISSED

MAY 2021:

Domestic Violence Order of Protection – CASE DISMISSED Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED

APRIL 2021:

Aggravated Unlawful Use of a Weapon – Class 4 Felony – REDUCED TO CLASS A MISDEMEANOR WITH SUPERVISION Theft – Class 4 Felony – CASE DISMISSED Theft By Deception – Class 3 Felony – CASE DISMISSED Identity Theft – Class 3 Felony – CASE DISMISSED Domestic Battery – Bodily Harm – Class A misdemeanor – CASE DISMISSED

MARCH 2021:

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED Aggravated Unlawful Use of a Weapon – Class 4 Felony – CASE DISMISSED

FEBRUARY 2021:

Aggravated Unlawful Use of a Weapon – Class 4 Felony – CASE DISMISSED

November 2020

Possession of a Controlled Substance – Class 4 Felony – CASE DISMISSED

October 2020

Leaving the Scene – Class A Felony – CASE DISMISSED No Stalking Petition – VACATED Aggravated UUW – Class 4 Felony – FINDING NO PROBABLE CAUSE Aggravated UUW – Class 4 Felony – CASE DISMISSED

September 2020

Disorderly Conduct – CASE DISMISSED

August 2020

Aggravated UUW – Class 4 – FINDING NO PROBABLE CAUSE

JULY 2020

MB and son JB – Murder Charges ruled self defense after hearing – CASE DISMISSED Applied for Clemency on Cannabis charges – CLEMENCY GRANTED Three (3) separate cases of manufacturing/delivery of cocaine – Class 1 felonies – CASE DISMISSED

MARCH to JUNE COURTS CLOSED DUE TO COVID-19

APRIL 2020

Violation of Order of Protection- Class A misdemeanor – CASE DISMISSED

Leaving the Scene of Accident- Class A misdemeanor – CASE DISMISSED

Felony Sealing – GRANTED

Felony Gun Case Sealing – GRANTED

Battery- class A misdemeanor – CASE DISMISSED

Aggravated Sexual Abuse Investigation – NOT CHARGED

March 2020

JB – Class X- MDMA/Ecstasy Possession with Intent to Deliver – looking at 6-30 years IDOC – CASE DISMISSED

Disorderly Conduct – CASE DISMISSED

Misdemeanor – CASE DISMISSED

February 2020

MF -1st Degree Murder – ACQUITTED

Battery to a child – CASE DISMISSED

Order of Protection – CASE DISMISSED

Possession of Cannabis – Class 4 Felony; Unlawful Possession of Weapon – CASE DISMISSED

Deceptive Practices – Class 4 felony – CASE DISMISSED

DUI – REDUCED TO RECKLESS DRIVING

January 2020

AW – Aggravated Arson-class X – Dismissed

Criminal Trespass to Land – Class A Misdemeanor – CASE DISMISSED

December 2018

Possession of Controlled Substance- Class 4 Felony – CASE DISMISSED

Possession of Cannabis – Class 4 Felony & Unlawful Use of a Weapon – Class A Misdemeanor – DISMISSED

November 2018

Battery – Misdemeanor – BENCH TRIAL- NOT GUILTY

Battery – Misdemeanor – CASE DISMISSED

Battery and Obstruction of Justice – CASE DISMISSED

People v. GK, Agg Speeding – Misdemeanor – REDUCED TO PETTY OFFENSE

DUI – REDUCED TO RECKLESS DRIVING

People v. AN, DUI – REDUCED TO RECKLESS DRIVING

October 2018

Battery – CASE DISMISSED

Assault – CASE DISMISSED

Felony Class 4 possession of a controlled substance – CASE DISMISSED

Disorderly conduct – CASE DISMISSED

Felony aggravated DUI – NOT GUILTY

September 2018

Felony Class 3 criminal fortification of a residence or building – FINDING OF NO PROBABLE CAUSE AT A PRELIMINARY HEARING – CASE DISMISSED

Battery – CASE DISMISSED

Class 4 felony possession of heroin – CASE DISMISSED

Domestic battery – CASE DISMISSED

Violation of an Order of Protection – DISMISSED

Battery – CASE DISMISSED

Unlawful use of a weapon – CASE DISMISSED

Class 4 felony possession of cocaine – CASE DISMISSED

August 2018

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

July 2018

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

Driving on a suspended license – CASE DISMISSED

Possession of marijuana – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

June 2018

DUI – Misdemeanor – DISMISSED ON MOTION TO DISMISS 06/2018

Battery Misdemeanor – DISMISSED

Civil Forfeiture – HEARING WON – CAR RETURNED

May 2018

Pardon – GRANTED W/ LEAVE TO EXPUNGE

Battery Misdemeanor – DISMISSED – CONVINCED STATE IT WAS SELF DEFENSE

Expungement – EXPUNGEMENT GRANTED

April 2018

Executive Clemency Petition (AKA Governor’s Pardon) for Class 2 felony burglary – GRANTED

Battery – CASE DISMISSED

March 2018

Class 2 unlawful use of a weapon by a felon – NOT GUILTY

February 2018

Domestic battery – CASE DISMISSED

January 2018

Domestic battery – CASE DISMISSED

  • Buffer
  • Pin It

Related

Testimonials

Click to Call 312-322-9000

SORRY DUDE, YOU STILL CAN’T SMOKE WEED IN YOUR CAR

August 29, 2018 / Robert J Callahan / Blog
0
criminal lawyer Chicago Illinois
With the passage of Public Act 99-697, § 40, as of July 29, 2016, Illinoisans are free to run around with 10 grams or less of marijuana without having to worry about Johnny lawdog. Across the country, more and more States are going beyond decriminalization and straight up legalizing marijuana, not to mention all the States that have medical marijuana. So the question arises, if weed is legal, or at least “decriminalized,” does the smell of the marijuana still constitute probable cause? Legalization and decriminalization of marijuana aside, Illinois law clearly states that the smell of marijuana alone is not enough for police to enter your residence without a warrant. On the other hand, it is firmly established that the smell of raw and/or burnt cannabis during a traffic stop provides probable cause to search you, your passengers, your vehicle and all its compartments, including your trunk. This has been the law in Illinois for over 30 years.  Chicago criminal defense attorney Robert J Callahan has defended marijuana charges for over 20 years. Basically, the law on the smell of weed (or any drug) & probable case is: “This court has held that distinctive odors can be persuasive evidence of probable cause. A police officer's detection of controlled substances by their smell has been held to be a permissible method of establishing probable cause. This method of detection does not constitute an unconstitutional search.” Practically speaking this means: if the drugs smell up your car, that’s probable cause. However, given the decriminalization of marijuana in Illinois and the ever changing state of cannabis laws, a fair question arises: If under 10 grams of marijuana is not a crime in Illinois: Is the smell of marijuana probable cause of a crime? Smell won’t tell you the quantity of something, only possibly its presence. You could be smelling a decriminalized amount or something more. So is the smell of marijuana still a reliable indicator that crime actually afoot? Clear enough that the police should be able to search you and your whole car? Enter the 1st Judicial District (Cook County) of Illinois to the rescue, or to ruin your high. In In re O.S., O.S., a juvenile, was armed with a handgun, parked in a no parking zone, smoking blunts. Chicago Police passed by the car and noticed a strong odor of marijuana. They then blocked in the car, approached it, and eventually searched the O.S. and the Lexus. O.S. argued that the smell of marijuana no longer justified a search and seizure under the 4th amendment given the new developments in cannabis law in Illinois and nationwide. Specifically, O.S. pointed to a recent case from the Massachusetts Supreme Court that questioned the concept of probable cause/reasonable suspicion based on the smell of marijuana. In Commonwealth v. Cruz, the Massachusetts Supreme Court held that the mere odor of marijuana no longer provides officers reasonable suspicion of criminal activity. Their logic was as follows: the voters intended to treat offenders who possess one ounce or less of marijuana differently from perpetrators of drug crimes & changed the status of possessing one ounce or less of marijuana from a crime to a civil violation,” Therefore, the “odor of burnt marijuana alone cannot reasonably provide suspicion of criminal activity. Additionally, a recent case out of New York held that that mere odor of cannabis, “without more,” is no longer enough to justify a stop of a pedestrian. However, most courts in States with recreational and medical marijuana reached the opposite conclusion. Colorado: “a substantial number of other marijuana-related activities remain unlawful,” and thus “the odor of marijuana is still suggestive of criminal activity.” California: “the fact that defendant had a medical marijuana prescription, and could lawfully possess an amount of marijuana greater than that . . . initially found, does not detract from the officer's probable cause.” Maryland: decriminalization “does not alter” existing case law justifying a search based on the smell of marijuana. Vermont: Medical marijuana, “does not undermine the significance of the smell of marijuana as an indicator of criminal activity.” Arizona: Despite enacting medical marijuana, “the odor of marijuana in most circumstances will warrant a reasonable person believing there is a fair probability that contraband or evidence of a crime is present.” But If it’s legal or a I can’t get arrested, then: Why Is It Probable Cause? Illinois (In re O.S.): “Because decriminalization is not synonymous with legalization, even though possession of less than 10 grams of cannabis is no longer a crime in Illinois, it remains illegal.” This logic keeps alive the rule in Illinois that the smell of marijuana provides probable cause to search your vehicle during a traffic stop. Essentially, while the smell of cannabis could simply mean the presence of less than 10 grams, (fine only), it could also indicate pounds, (illegal). Whether or not marijuana is legal, you should not smoke it in your car. Safety issues and DUI concerns aside, the best legal advice for anyone who smokes marijuana is: DON’T SMOKE WEED IN YOUR CAR. No matter if marijuana is legal, illegal, or decriminalized. If you follow this advice, the chances of getting arrested for smoking marijuana are slim. So pick it up from your boy, drive home, close your door, put on the Netflix, and enjoy your marijuana in the comfort of your own home. No cops are going to interrupt your session. Who cares about probable cause at that point, this bigger questions is: when is the pizza ready? For more information call the top criminal defense attorney in Chicago Robert J Callahan.
Criminal Defense, DUI, Marajuana, Marajuana DUI, search and seizure

Location

Address and Phone

Robert J Callahan | Chicago Defense Lawyer
53 W JACKSON BLVD # 1615
CHICAGO IL 60604-3536

Phone: (312) 322-9000
Fax: (312) 427-1289



Google Map to Robert J Callahan

Unmatched Legal Expertise

Robert J. Callahan

Rated by Super Lawyers

loading …

top100_2014

 

 

 

 


Best-criminal-defense-in-chicago-2016

 

 

 

 

 

 


Robert J.Callahan and Associates, Attorneys & Lawyers Criminal, Chicago, IL

Copyright (c) 2009 to 2021 All Rights Reserved Robert J Callahan | 312-322-9000 Web Design by Link Rep