Under the plain feel exception, disqualifying an item as a weapon establishes what?

Under the plain feel exception, disqualifying an item as a weapon establishes what?

• A. Probable cause that the item is contraband
• B. The item is a weapon
• C. The suspect is guilty of a crime
• D. You must obtain a warrant before seizing the item

Answer: (A)

Under the plain feel doctrine, a lawfully conducted frisk can lead to seizure of an item if its incriminating nature is immediately apparent through touch. If, during that frisk, the officer determines that the item is not a weapon but rather contraband, that immediate recognition provides probable cause to believe the item is contraband, which justifies seizure without a warrant. The key idea is that the illicit nature is evident from the way the item feels, without further inspection or manipulation. This is why disqualifying the item as a weapon establishes probable cause that the item is contraband. It does not prove guilt, and a warrant is not required at that moment under this exception.

Under the plain feel doctrine, a lawfully conducted frisk can lead to seizure of an item if its incriminating nature is immediately apparent through touch. If, during that frisk, the officer determines that the item is not a weapon but rather contraband, that immediate recognition provides probable cause to believe the item is contraband, which justifies seizure without a warrant. The key idea is that the illicit nature is evident from the way the item feels, without further inspection or manipulation. This is why disqualifying the item as a weapon establishes probable cause that the item is contraband. It does not prove guilt, and a warrant is not required at that moment under this exception.