Appellee was charged with possession of marijuana. A police officer had entered his residence in response to a call from a neighbor, who was justifiably concerned for ap-pellee’s welfare. The officer observed marijuana in plain view in several locations, and seized it without obtaining a warrant. The trial court granted appellee’s motion to suppress the evidence, after making the following findings:
Page 12371. under the emergency doctrine the officer had a right to enter the house;
2. the officer did not suspect the presence of illegal drugs;
3. the contraband was in plain view;
4. the house was vacant, the contraband was in no danger of being destroyed or removed, and no one was present in the house; and
5. warrantless seizure was not necessary by reason of the time element of other exigent circumstances.
The state contends on appeal that a warrant was not required because the marijuana was in plain view. We agree and reverse.
When an officer legally enters a constitutionally protected area and observes contraband in plain view, he may constitutionally seize it without first obtaining a warrant. Ensor v. State, 403 So.2d 349 (Fla.1981).
Accordingly, it was error for the trial court to grant appellee’s motion to suppress.
REVERSED and REMANDED.