My question involves police conduct in the State of: illinois
i'm looking for any and all input on this situation.
i was in a bad neighborhood and i pulled up behind a detective car at a stop sign.
i went down the street to a store and picked up 3 kids who had been harassed by the two detectives in the car about 15 minutes prior. the detectives then rolled past us.
we began to drive through a parking lot to a store.
the detectives pulled out of an alley ahead of us and turned towards us, and passed us. i pulled into a parking space, and then they parked behind me.
one detective claimed that i had committed a noise violation. i do not believe i had, because i thought my music was low. it was the same volume as it was when i pulled up behind them at the stop sign, and they did not stop me then. they searched my three friends, and found nothing, and then searched me, and found nothing.
the detective gave me the usual "do you have anything you're not supposed to have in your car, you don't mind if i take a look". i said no, you do not have my consent to search my car. he told me he would call the k-9 unit, and i said go ahead and call them. he told me to go sit on the curb with my 3 friends and not move.
he then proceeded to peek inside my car from all angles. my car was clean, swim(someone who is not me)'s pot was locked inside the glove compartment. then he started to get in my car and search. he took the keys out of the ignition and unlocked the glove compartment and found the pot, and i was arrested. note: i did not "take the blame" and "save my friends from being arrested". as i am aware this negates my ability to fight against my civil rights having been violated.
with no k-9 unit, no consent, and no warrant, did the police have the right to search my car? when i repeatedly told the officer in my car he did not have my consent to search my car, his buddy started going off about how they didn't need it and that they had probable cause. he was standing on the passenger side of my car, where both doors were shut and both windows rolled up, and laughingly told me he "smelled marijuanna".
did they have probable cause?
i was brought to the station and when i told the officers i would not talk, they told me they were going to my house with a consent warrant and they locked me up. i did not get a phone call, and when i asked why, i was told i was not being imprisoned, just "restrained" or "temporarily held" or something. they went to my house and my parents signed the consent form, and they found more of swim's pot. a half ounce, a scale, and baggies.
i am being charged with two misdemeanors: "Unlawful Possession Of Drug Paraphernalia", and "Unlawful Possession of Cannabis"(Approximately 16 grams of cannabis). Does this mean they have not, and now can not charge me with intent to distribute? and that is a felony, correct?
my main concern: can my case be thrown out by a lawyer, assuming the detectives were "in the wrong" in the first place?