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Police may seize evidence and contraband that are in plain view, as long as the officer is in a place where he has a legal right to be and the seizure won't involve entering a home (some exceptions apply).
"Plain View" Searches
Where was the officer when he spied the evidence or contraband? Did he have a right to be there?
Where Do the Police Have a Right to Be?
When police are physically in a place they have a right to be, there is no search if they observe evidence or contraband.