Assume that a police officer is conducting a valid stop and frisk for weapons. I

Question

Assume that a police officer is conducting a valid stop and frisk for weapons. If evidence of drug possession inadvertently becomes known to the officer, probable cause for an arrest arises. The police officer:

            a.         may not seize the evidence since the officer originally conducted a stop and frisk                                            for only weapons.

            b.         may not seize the evidence since probable cause did not exist at the moment the                                             officer initiated the stop and frisk.

c.         may properly seize the evidence so long as the officer had not exceeded the limits of a proper frisk when the drug evidence became apparent.

            d.         must first obtain a warrant for the subject’s arrest prior to seizing the evidence

Explanation / Answer

Option (c)

At the time of a valid search & frisk, if another evidence of a different type of crime evolves, the officer probably can seize the evidence as long as he didn't cross the limits of the authority and duty vested on him during the weapon-related frisking.

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