If an officer was specifically patting down a suspect for weapons, but came across an item in the person's pocket that was in a shape consistent with contraband, such as narcotics, would the officer be able to seize the item and arrest the person?

Question

Social Studies

Jeffery Howard

25 December, 04:22

If an officer was specifically patting down a suspect for weapons, but came across an item in the person's pocket that was in a shape consistent with contraband, such as narcotics, would the officer be able to seize the item and arrest the person?

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Answers (1)

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Marin Blevins · Answer 1

Yes, under the 'plain feel' doctrine, the officer can seize the item.

Explanation:

The plain feel doctrine allows a police officer to seize the objects during an otherwise legitimate pat-down search if by plain feel he reasonably believes to be contraband. The plain view doctrine applies by analogy to cases where a police officer discovers contraband by plain feel or touch during an otherwise lawful search. Objects observed in plain view or by detected by plain touch during a lawful search can be admissible evidence if its incriminating character is immediately identifiable. For instance, a container may be opened if by a touch of the outside, the officer becomes convinced to a reasonable certainty that the content may be evidence.