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The term for when an officer establishes probable cause through the sense of touch is known as the plain feel doctrine. This concept is a part of the wider legal standard concerning searches and seizures established in the case Terry v. Ohio. It allows officers to lawfully seize items they identify through touch during a legal stop and frisk.
Explanation:
Understanding the Plain Feel Doctrine
When a law enforcement officer establishes probable cause through the sense of touch, this is referred to as the plain feel doctrine. This doctrine stems from the legal precedent set in the case Terry v. Ohio (1968), where the Supreme Court ruled that if an officer is lawfully present in a location and they feel something during a frisk that provides probable cause for arrest, they can seize that item. This is similar to how the plain view doctrine works, which allows officers to seize evidence they can clearly see without a warrant.
To clarify, reasonable suspicion is a lower standard than probable cause and is typically used to justify a stop and frisk. The exclusionary rule prohibits the use of evidence obtained from illegal searches or seizures in court, which can be relevant if an officer oversteps their bounds during a frisk. Therefore, when an officer identifies an object through touch that raises suspicion of a crime, they may legally act on it if it adheres to these doctrines.
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