What does the Plain Feel Exception allow an officer to do?

The Plain Feel Exception allows an officer to seize items that are immediately recognizable as contraband during a lawful stop and frisk. This exception is rooted in the principles established by the Fourth Amendment, which protects against unreasonable searches and seizures. When an officer conducts a lawful pat down of an individual based on reasonable suspicion, if the officer feels an object that is immediately identifiable as contraband (such as drugs or weapons) through the clothing, they have the legal authority to seize that item without a warrant.

This principle emphasizes the requirement that the officer must have specific training or experience to make the immediate recognition of the item possible at the time of the encounter. In this context, the recognition must occur through the officer's sense of touch during a lawful encounter; thus, the officer's actions should be limited to what is necessary to ensure their safety and determine if the individual may be armed. The Plain Feel Exception is designed to balance the individual’s right to privacy with the officer’s duty to ensure their safety and that of the public.