Also known as: plain-feel · plain touch
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine permitting an officer during a lawful Terry patdown to seize an item if its incriminating character as contraband or a weapon is immediately apparent from the object's feel. Manipulation of the object beyond what is necessary to determine whether it is a weapon exceeds the scope of the frisk and renders the seizure unlawful.
Officer Miller patted down Luis after a restaurant fight and felt a small foil-wrapped lump in the apron pocket. The lump felt like it could be food or something else. Miller then rolled the lump between his fingers to test its firmness before opening the pocket and finding drugs. The court suppressed the drugs because the rolling exceeded the limited weapons frisk.
Officer Reyes frisked Malik at a shelter after an altercation and felt a soft bundle in the hoodie pocket that could have been receipts. Reyes then kneaded the bundle between thumb and fingers until he detected hard objects inside. He removed a bag of drugs. The court granted the suppression motion because the kneading turned the frisk into an unlawful search for evidence.
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The incriminating character of the object must be immediately apparent from the initial lawful touch without further manipulation. If the officer must squeeze, roll, or probe the item to determine its nature, the seizure exceeds the scope of the frisk and violates the Fourth Amendment.
Supporting sources
No. The doctrine requires that the contraband nature be immediately apparent during the lawful patdown itself. Any additional squeezing or rolling to identify the item converts the protective frisk into an exploratory search for evidence and renders the seizure unlawful.
Supporting sources
The seizure is invalid. When the initial touch leaves open the possibility of an innocent item, further manipulation to resolve that ambiguity exceeds the narrow scope of a Terry frisk and requires suppression of any resulting contraband.
Supporting sources
…by an officer. The sense of touch, grounded in experience and training, is as reliable as perceptions drawn from other senses. Plain feel,' therefore, is no different than plain view and will equally support the seizure here." App. to Pet. for Cert. C-5. His suppression motion having failed, respondent proceeded to trial and…