The proper process is, when the officer smells pot, he calls in the dogs. The dog verifies the drugs, and a search is made.
If an officer smells pot, and conducts a search, I would agree that would not be legal.
Question, is the judge saying the initial smell does not warrant the dog search?
You know what the judge cares about?
Per AI, info sourced to the state of Michigan...
“Michigan collects hundreds of millions of dollars annually from legal adult-use cannabis sales, generating over $331 million in total state excise and sales tax revenue from roughly $3.17 billion in retail sales.”