An officer stops an individual for the purposes of a Terry stop; he has reasonable suspicion to do so. During the frisk he finds a small handgun, for which the person has a valid license to own and permit to carry. He also finds a small baggie of cocaine. Can he seize the cocaine and use it as evidence at trial?

Question

Quizplus · Accepted Answer

Under the plain touch rule, if the officer has a lawful right to be in a position to feel the object and the incriminating nature of the object is immediately apparent, then the officer may seize it as evidence. Although the frisk was conducted for the purpose of finding weapons, the officer was legally authorized to perform it, and the discovery of the cocaine was inadvertent. Therefore, under the plain touch rule, the cocaine can be seized as evidence at trial.

An Officer Stops an Individual for the Purposes of a Terry