IL: Lack of PC to arrest voids search incident to it

A lack of probable cause to arrest leads to voiding the search incident to arrest. People v. Freeman, 2021 IL App (1st) 200053, 2021 Ill. App. LEXIS 655 (Dec. 6, 2021).

While marijuana seeds and stems aren’t federal contraband, searching for and seizing them isn’t unreasonable. “[T]he question when issuing a search warrant isn’t whether law enforcement has already found contraband: it’s whether there are ‘sufficient facts to establish that there is a fair probability that contraband or evidence of criminal activity will be found in the particular place to be searched.’ … And marijuana stems and seeds can establish that probability. …. In other words, the question isn’t whether they’re contraband, it’s whether they suggest contraband will be found–and they do. See id.” United States v. Mitchell, 2021 U.S. Dist. LEXIS 232235 (D.Neb. Dec. 3, 2021).*

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