Legal Question in Criminal Law in North Carolina

If I am arrested for misdemeanor possession of marijuana(less than a 1/2 ounce N.C.)to be specific 2 grams[personal use], in then taken to a police office, instead of in-take(bookings)to be questioned about shootings/murders they have no evidence I was involved in. (Also, after being only arrested for misdemeanor possession, in the interview room where I seen the investigator I was cuffed to a wall by my right ankle and right wrist and sat there for 45 mins to an hour. My question is did these officers do something unlawful for info I dont posses? Could they just have giving me a citation? (Oh yeah, I was initally stop for my 30 day tags which were still valid at the time, he did not mention the smell of marijuana at first contact, which I why he searched my vehicle. I also notifed the officer that there was marijuana(2 grams) for personal use in the car, at this point I was handcuffed and never was read my miranda rights, never! Even after I mentioned it to the officer who took me from office to intake(at this point the officer who pulled me over isnt no where to be found) can I fight this case to have it dismissed even if I did wrongfully posseses the unlawful substance? will your honor hear me out?


Asked on 5/31/13, 8:14 am

1 Answer from Attorneys

Possession of marijuana in any amount is illegal in NC - there is no exception for a small personal use amount. Sure the officer could have merely cited you and sent you on your way but for what ever reason they decided otherwise. Which is legal. Cuffing you is legal. Questioning you is legal. Of course you have a constitutional right to not say anything, which is what you should have done from the point of stop - not said anything at all whatsoever - especially not 'oh, and by the way officer, there's marijuana in my car'. There is one exception to this general rule and that is if the officer asks for permission to search - you should simply say 'No'. Of course, in your case since you opened your mouth and admitted to marijuana the officer no longer needed your consent to search the car. Not reading you your rights is also legal. However, under certain circumstances if the officer does not read you your rights certain things you say may not be able to be used against you. The only thing you got going for you, is that possibly the officer did not have cause or reasonable suspicion to stop you in the first place. If that can be proven, then the case may possibly be dismissed.

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Answered on 5/31/13, 11:22 am


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