Great, thank you very much for consenting.
As you have a few questions, I will answer them one by one to make sure I do not miss anything.
1. Miranda rights.
The police did nothing wrong here. Reading the miranda rights does not have to be done when you are being arrested--that is a myth perpetuated by popular TV shows. Your rights have to be read to you before you are being questioned and interrogated, not before you are being arrested.
2. Search of the vehicle.
That may or may not have been done with validity, and something you will have to provide more detail to you your PD if you get charged. Usually a warrant or permission is required to cehck the car, but not always. For example if the police found contraband on you, they may check the vehicle for weapons and other concealable items as you have already been found to carry a suspected substance. Also, if the police saw that under surveilance you placed items in the vehicle, they are free to search it.
3. Jail time.
This depends on the offense. Usually it gives you up to 1 year in jail as the maximum, but for a first offender it is almost always probation. This is the statute below:
(a) Except as authorized by law and as otherwise provided in
subdivision (b) or Section 11375, or in Article 7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses any controlled substance
which is (1) classified in Schedule III, IV, or V, and which is not
a narcotic drug, (2) specified in subdivision (d) of Section 11054,
except paragraphs (13), (14), (15), and (20) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d), (e), or (f) of Section
11055, unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian, licensed to practice in this state,
shall be punished by imprisonment in a county jail for a period of
not more than one year or in the state prison.
(b) (1) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (f) of
Section 11056, and who has not previously been convicted of a
violation involving a controlled substance specified in subdivision
(f) of Section 11056, is guilty of a misdemeanor
(2) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (g) of
Section 11056 is guilty of a misdemeanor.
(3) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in paragraph (7) or (8)
of subdivision (d) of Section 11055 is guilty of a misdemeanor.
(4) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in paragraph (8) of
subdivision (f) of Section 11057 is guilty of a misdemeanor.
(c) In addition to any fine assessed under subdivision (b), the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates subdivision (a), with the proceeds of this
fine to be used in accordance with Section 1463.23 of the Penal Code.
shall, however, take into consideration the defendant's
ability to pay, and no defendant shall be denied probation because of
his or her inability to pay the fine permitted under this
Edited by Dimitry Alexander Kaplun on 9/4/2010 at 6:45 AM EST