KINGSFORD, Mich. – The father of a kindergartner is facing charges after she was reportedly sent to school smelling of pot.

The Battle Creek Enquirer reports:

Federal Magistrate Judge Timothy Greeley ruled there was probable cause to search Randall Fieck’s home last January. But Fieck’s lawyer has asked another federal judge to overrule that report and quash the search warrant.

Kingsford police went to Fieck’s home Jan. 29, five days after Woodland Elementary School Principal Darren Petschar told police that Fieck’s daughter came to school “with a strong odor of marijuana on her clothing,” Kingsford police Sgt. Joseph Menghini said in an affidavit.

Menghini said the 6-year-old girl told her teacher that her father “was growing marijuana in the basement of their residence and that she was not supposed to tell anyone.”

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Fieck, of Kingsford, in Michigan’s Upper Peninsula, is seeking to suppress the 200 plants seized from his home as evidence.

The suspect has a medical marijuana card, but the number of plants likely exceeds what’s allowed under state law, according to WOODTV. Michigan law allows 12 plants.

Fieck is charged in federal court.

“Because of the marijuana card, Fieck’s lawyer says police had no probable cause to believe there was criminal activity to justify a search,” the news station reports.

“The mere allegations that the kindergarten-age child smelled like marijuana and that Mr. Fieck’s home smelled like marijuana is insufficient for the magistrate to issue the search warrant,” the suspect’s lawyer claims, according to the Detroit Free Press.

Fieck was charged after he reportedly refused to tell a police sergeant how many plants he had and would not allow officers to enter his home to inspect his growing operation. Those reasons were cited by U.S. Attorney Patrick A. Miles, who is pursuing the case.

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“He cited a Michigan Court of Appeals decision that said police do not have “a specific duty to determine whether a marijuana suspect was in compliance” with the Michigan medical marijuana law before seeking a search warrant,” the Free Press reports.

Miles was appointed by President Obama in 2012.