During the process of properly conducting a pat down of a man for weapons, an of
ID: 445814 • Letter: D
Question
During the process of properly conducting a pat down of a man for weapons, an officer felt an object, which might have been a rock of crack cocaine. The officer was not positive of the identity of the object she felt. The officer may:
a. properly use his thumb and index finger to manipulate the object to gain new information about the object prior to placing his hands inside the pants pocket.
b. immediately reach inside the pocket of the subject if the officer has a suspicion that the object offends the law.
c. not manipulate the object because such conduct exceeds the scope of a search permitted on a pat down.
d. search anywhere the officer desires since the subject has been properly seized and such search is within the power of the officer under the Fourth Amendment.
Explanation / Answer
Ans - d. search anywhere the officer desires since the subject has been properly seized and such search is within the power of the officer under the Fourth Amendment.
because
392 US 1 (Stop and Frisk Authorized by U.S. Supreme Court) (no bulletin). A police officer, for his own protection as well as others in the area, is entitled to conduct a carefully limited search of an individual's outer garments in an attempt to ascertain if weapons are in possession. Such a search is reasonable under the Fourth Amendment and any weapons seized may be introduced into evidence against the individual who possessed them.
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