My brother uses medicinal marijuana. He was coming home from a medical clinic a few days ago in California when he was stopped by an officer for his car not showing a front license plate. He smelled Marijuana and my brother showed him his medical card/ license. Everything was in his trunk, out of reach and he was not "high". The officer searched his car and found his personal scale which is what very marijuana patient has. He assumed he was selling (which my brother DOES NOT DO) since he bought a smidgen over an ounce, impounded his car, took his phone away for "evidence" and arrested him. He was released the next day but they are charging him with possession with intent to sell.

Was this horrible cop, a so-called "top" arresting officer who I think is out to make a name for himself, in the right to search, take his phone away and arrest him? How will this most likely turn out? My brother is not a drug dealer and has never committed a crime in his life. Please help.