M.L. v. State (3rd District Court of Appeals, November 3rd 2010)

Officer did not have probable cause to believe that multi-colored pipe partially protruding from juvenile's bag was contraband, and thus pipe was not subject to seizure under plain view doctrine; the pipe could have been a tobacco pipe or other lawful object, officer did not observe any suspicious activity or behavior prior to seizing the pipe, there was no evidence that juvenile was at a location known for drug activity, officer was not at the location due to a tip regarding drug activity but rather to retrieve a missing juvenile, there was no evidence juvenile appeared under the influence of marijuana, and there was no evidence officer saw marijuana residue in the pipe.