Florida Department of Law Enforcement (FDLE) Practice Exam

What is the result of an officer finding evidence of a crime during a lawful stop?

1. Evidence must be ignored

2. Evidence can be seized

3. Evidence cannot be documented

4. Evidence should be reported

The correct answer is: Evidence can be seized

When an officer lawfully stops an individual and discovers evidence of a crime, the officer is permitted to seize that evidence. This situation typically falls under the "plain view" doctrine, where if an officer is in a position to legally observe evidence of a crime, they are allowed to take possession of it without a warrant. The underlying principle is that the officer must have a legal right to be in the position to observe the evidence in the first place. This capability to seize evidence is crucial for law enforcement, as it allows for the efficient resolution of crimes and the gathering of crucial information that could lead to arrests and prosecutions. The law balances individual rights with public safety and the enforcement of laws, allowing officers to act decisively when they encounter evidence during a lawful interaction. The other options provided do not align with established legal principles regarding the seizure of evidence. Ignoring the evidence or stating that it cannot be documented overlooks the importance of collecting and processing relevant information that may assist in a criminal case. Similarly, while reporting evidence is essential, simply stating that it should be reported does not address the immediate action that can be taken by the officer upon discovery of evidence during a lawful stop.