Whether the detectable odor of burnt cannabis alone, without any other indicators, is sufficient for law enforcement to form probable cause to subject a citizen to a warrantless search of his vehicle, in light of laws in the State of Illinois, that decriminalized possession of small amounts of cannabis and allow for the legal use of cannabis for healthcare reasons, when all citizens have a fundamental right to healthcare

QUESTION PRESENTED FOR REVIEW Whether the detectable odor of burnt cannabis alone, without any other indicators, is sufficient for law enforcement to form probable cause to subject a citizen to a warrantless search of his vehicle, in light of laws in the State of Illinois, that decriminalized possession of small amounts of cannabis and allow for the legal use of cannabis for healthcare reasons, when all citizens have a fundamental right to healthcare? The law in Illinois, which allows for a warrantless search of a vehicle when law enforcement merely smell burnt cannabis, conflicts with law in other States and rulings of the United States Supreme Court which appear to make individual healthcare decisions a fundamental right, in light of National Federation of Independent Busines v. Sobelius, 567 U.S. 519 (2012). States such as Massachusetts and New York have held that the odor of burnt cannabis does not give law enforcement sufficient basis for probable cause to conduct warrantless searches of automobiles. United States citizens traveling by vehicle on interstate highways are subjected to different degrees of Constitutional protections depending on which state they are in. This difference is substantial and may subject the citizen to an unreasonable search and seizure in violation of the Fourth Amendment. Further, citizens who exercise their fundamental right to healthcare by seeking relief through the lawful use of medical cannabis, may have their Fourth Amendment rights violated without due process. | : re