Florida Department of Law Enforcement (FDLE) Practice Exam

When can an officer seize contraband during a stop and frisk?

1. If clearly visible

2. If it is recognized by sound

3. If felt and readily recognized

4. If reported by a witness

The correct answer is: If felt and readily recognized

An officer can seize contraband during a stop and frisk if it is felt and readily recognized. This principle is grounded in the concept of "plain touch" or "plain feel," which allows officers to take action if, through the sense of touch, they identify an object that they can reasonably conclude is contraband. During a stop and frisk, the officer is conducting a limited pat-down for weapons, but if they feel something that they immediately recognize as illegal or contraband, such as drugs or a dangerous weapon, they are justified in seizing that item. This action is based on the officer's training and experience, and the immediacy of recognizing the contraband upon tactile contact forms the legal basis for the seizure. The other options involve aspects that do not meet the legal standard required for a seizure during a stop and frisk. For instance, contraband being clearly visible does not pertain to the tactile recognition standard set during a stop and frisk context, and sound recognition does not apply in this scenario. Additionally, reliance on a witness's report may lead to further investigation but does not meet the standard for direct seizure during a search based on immediate recognition from touch alone.