What happens if the officer feels contraband?

• A. The officer may not touch it
• B. The officer must obtain a warrant
• C. The officer may examine the object to determine its value
• D. The officer may seize the object as if it were in plain view

Answer: (D)

During a lawful pat-down for weapons, the officer can rely on the plain feel doctrine. If, through that legitimate frisk, the officer feels an object whose illegality is immediately apparent by touch, the object may be seized without a warrant. The key is that the stop and frisk are lawful and the incriminating nature of the item is immediately unmistakable from the sense of touch, so no further search or rummaging is needed.

This is why seizing the object as if it were in plain view is correct. The officer isn’t required to obtain a warrant when the contraband is clearly identifiable by touch during a valid frisk. On the other hand, merely touching it without it being immediately identifiable, or examining it to determine value or other characteristics, would not justify seizure without further justification.