What is the name of your state (only U.S. law)? north carolina
to start things off i do realize that the decisions and actions i have made are very stupid and i do realize that i should have no business dealing with an illegal drug.
So it was a friday night and me and my two friends decided to go see a movie. we decided to smoke a little pot before going into the movies. i got out as soon as i finished and smoked a cigarette OUTSIDE of the vehicle. a cop walked right towards the car and asked me and my friends what we were doing. keep in mind that my friends were still in the car at this time. we told them we were going to see a movie and he came closer to the car and saw that there was a bong located in the car under the passengers feet. after seeing the bong he then told ME (who was outside the vehicle smoking a cigarette) to turn around as he placed handcuffs on me. he then told my two friends to put their hands on the dash of the vehicle. he then told me to sit down on the curb as he looked around the car some more. he then searched me and found a metal can that i kept my marijuana in. to make the long story short we all got searched and got a misdemeanor for possession of marijuana less than a half ounce and paraphernalia.
So i have two questions. first did the cop have any right of searching me? i ask this because i was in fact out of the car already and i just want to know if he did in fact have a right to search me.
My second question is what happens if this is my second drug possession charge within the same year as my first one? I have completed my drug classes for the first charge and was told that my record would be expunged after a year without trouble. well i failed to stay out of trouble under that year hence the second possession charge. so i was wondering what kind of things the court will give me as far as any punishment and fees.
all responses are appreciated.
to start things off i do realize that the decisions and actions i have made are very stupid and i do realize that i should have no business dealing with an illegal drug.
So it was a friday night and me and my two friends decided to go see a movie. we decided to smoke a little pot before going into the movies. i got out as soon as i finished and smoked a cigarette OUTSIDE of the vehicle. a cop walked right towards the car and asked me and my friends what we were doing. keep in mind that my friends were still in the car at this time. we told them we were going to see a movie and he came closer to the car and saw that there was a bong located in the car under the passengers feet. after seeing the bong he then told ME (who was outside the vehicle smoking a cigarette) to turn around as he placed handcuffs on me. he then told my two friends to put their hands on the dash of the vehicle. he then told me to sit down on the curb as he looked around the car some more. he then searched me and found a metal can that i kept my marijuana in. to make the long story short we all got searched and got a misdemeanor for possession of marijuana less than a half ounce and paraphernalia.
So i have two questions. first did the cop have any right of searching me? i ask this because i was in fact out of the car already and i just want to know if he did in fact have a right to search me.
My second question is what happens if this is my second drug possession charge within the same year as my first one? I have completed my drug classes for the first charge and was told that my record would be expunged after a year without trouble. well i failed to stay out of trouble under that year hence the second possession charge. so i was wondering what kind of things the court will give me as far as any punishment and fees.
all responses are appreciated.