What must a weapon be for it to be seized during a Terry frisk?

• A. Identified by the owner
• B. Visible and in plain view
• C. Immediately apparent
• D. Listed in a warrant

Answer: (C)

During a Terry frisk, the officer may seize a weapon only if it is immediately apparent as a weapon from the frisk. The purpose of the frisk is to quickly detect and neutralize a potential threat, and it allows seizure of weapons without a warrant when the weapon’s identity is obvious through the officer’s sense of touch. If the object cannot be clearly identified as a weapon right away, the officer cannot seize it based on the frisk alone and would need additional justification. This principle comes from the Terry framework and the later refinement that, even in a frisk, items must be immediately recognizable to be seized.