What are the three elements of the Plain Feel Exception?

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Prepare for the NLETC Arrest Search and Seizure Test. Study with diverse question formats, including flashcards and detailed explanations. Ensure you're ready for the exam!

The Plain Feel Exception is a legal principle allowing law enforcement officers to seize evidence discovered during a lawful pat-down search, provided certain criteria are met. The correct answer captures these essential elements:

  1. Lawful Pat Down: This requires that the officer is conducting the pat-down based on reasonable suspicion that the individual is armed and dangerous. The initial stop must be lawful to justify further search.
  1. Recognizing Contraband: During the pat-down, the officer must immediately recognize the item they have felt as contraband or evidence of a crime. This recognition must be based on the officer's training and experience such that the nature of the item can be discerned by its feel alone.

  2. Not Further Manipulating the Item: Officers are not allowed to manipulate the item (e.g., moving it around or unzipping pockets) to ascertain its identity beyond the immediate tactile perception. This limitation is crucial as it safeguards against an invasive search beyond the permissible scope of the initial pat-down.

These elements ensure that while officers are allowed to protect themselves and investigate potential weapons, they are also bound by legal standards that protect individual rights against unlawful searches and seizures.

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