If contraband is discovered during a pat-down, which action is permissible?

If contraband is discovered during a pat-down, which action is permissible?

• A. Do not touch anything
• B. You must obtain a warrant
• C. You may confiscate but not search the pocket
• D. You may search the pocket

Answer: (D)

During a lawful pat-down, the officer’s goal is to detect weapons, not to rummage for evidence. If something is felt that is immediately identifiable as contraband, the officer may seize it. If that contraband is inside a pocket that the pat-down can reach into without turning the frisk into a broader search, the officer may retrieve (search within the pocket) and secure the item. This keeps the action within the limited scope of a frisk while ensuring the contraband is not lost. The other options would either ignore the item, require a warrant for a seizure that can occur during a lawful frisk, or fail to secure the item inside the pocket.

During a lawful pat-down, the officer’s goal is to detect weapons, not to rummage for evidence. If something is felt that is immediately identifiable as contraband, the officer may seize it. If that contraband is inside a pocket that the pat-down can reach into without turning the frisk into a broader search, the officer may retrieve (search within the pocket) and secure the item. This keeps the action within the limited scope of a frisk while ensuring the contraband is not lost. The other options would either ignore the item, require a warrant for a seizure that can occur during a lawful frisk, or fail to secure the item inside the pocket.