Florida Department of Law Enforcement (FDLE) Practice Exam

What action is not permitted under the plain touch/feel doctrine?

1. Asking for consent

2. Manipulation of the object

3. Observation of the surroundings

4. Patting down for weapons

The correct answer is: Manipulation of the object

The correct answer indicates that manipulation of the object is not permitted under the plain touch/feel doctrine. This legal principle allows law enforcement officers to seize evidence without a warrant if they are in a lawful position and can immediately recognize an object as contraband or evidence of a crime based on their sense of touch. In this context, the plain touch/feel doctrine requires that the officer must not actively manipulate or further investigate the object in order to determine what it is. The officer’s recognition of the object must be immediate and apparent from the initial touch rather than from any further probing or examination. If an officer begins to manipulate the object after the initial touch, it moves beyond the scope of what is permissible under this doctrine. Other actions, such as asking for consent or observing the surroundings, are activities that do not violate this principle, as they do not involve the physical examination of an object but rather pertain to gaining permission or understanding the context of the situation. Patting down for weapons is also a standard procedure during a lawful stop, aimed at ensuring officer safety, and is separate from the plain touch/feel guideline focused on contraband detection.