The scent of marijuana was the probable cause police said to search

MLIVE- The scent of marijuana, a plant now legal to possess in Michigan, was the probable cause police say they needed to search the vehicle of NBC’s “The Voice” finalist and Ann Arbor native Laith Al-Saadi in February.

The odor allegedly led state police to the discovery of other drugs, fentanyl, hydrocodone and morphine, for which Al-Saadi now faces criminal charges.

At the time, marijuana was only legal in Michigan for medical use.

Otsego County Prosecutor Brendan Curran last week dismissed a fourth criminal charge of marijuana possession against Al-Saadi, he said, based on the November vote by Michiganders to overwhelmingly legalize recreational marijuana.

The case is set for a Jan. 28 trial and a final pretrial status conference is set for Jan. 9 in Otsego County.

“On that date I expect to learn whether defendant will tender a guilty plea or proceed to trial,” Otsego County Prosecutor Brendan P. Curran said. Curran has said he intends to dismiss all pending marijuana cases in his county now that recreational marijuana use and possession is legal.

Al-Saadi’s attorney argued in Otsego County’s Circuit Court during a Dec. 6 motion hearing that his client’s Fourth Amendment right to avoid unreasonable search and seizure was violated when police stopped Al-Saadi in Gaylord about 6:30 p.m. on Feb. 11 for driving with an expired license plate.

Komorn, a marijuana legalization advocate and attorney, said the fact that troopers smelled a substance that, at the time was legal for medical use, shouldn’t have been enough to warrant a search of Al-Saadi’s vehicle.

He says it’s in dispute whether Al-Saadi had a valid medical marijuana patient card at the time of his arrest.

Komorn said he may appeal the judge’s Dec. 6 denial of his motion to suppress evidence of the other drugs in Al-Saadi’s car on the basis that the initial search was illegal.

Komorn says his client, currently under a doctor’s care, in good health and eager to get his legal problems behind him so he can concentrate on his musical career and touring.

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