Contraband can be seized on a Terry frisk if?

• A. The frisk is supported by reasonable suspicion and contraband is discovered in plain view
• B. The frisk is supported by reasonable suspicion of a crime and contraband is immediately apparent
• C. There is a warrant
• D. The contraband is found during a full search incident to arrest

Answer: (B)

A Terry frisk lets an officer perform a limited pat-down to check for weapons when there is reasonable suspicion that the person is armed and dangerous. If, during that pat-down, something is felt and its identity as contraband is immediately apparent to the sense of touch, the officer may seize it. This is the plain-feel rule from Minnesota v. Dickerson: the incriminating nature must be evident without further manipulation of the item beyond what’s necessary to determine that it is contraband.

So the situation that allows seizure is when the frisk is based on reasonable suspicion of a crime and the contraband is immediately apparent upon contact. If the item isn’t immediately recognizable as contraband, it cannot be seized under Terry. Plain view isn’t the controlling factor during a frisk, and a warrant or a full search incident to arrest isn’t required or applicable for a Terry stop.