The opinion
ON MOTION FOR REHEARING
Appellee’s Motion for Rehearing and Supplement, directs our attention to the recent opinion of the U.S. Supreme Court in Texas v. Brown, — U.S.-, 103 S.Ct. 1535 , 75 L.Ed.2d 502 (1983). The “plain view” doctrine is now modified to the extent that it is unnecessary for it to be “immediately apparent” to the police officer that the substance in plain view is contraband. The first requirement of the doctrine, however, remains intact: the officer must still be lawfully in the position from which he views the item seized. Id. at 1541 . Accordingly, our original judgment remains unchanged. The officer here was only in position to view the substance seized because he was carrying out an illegal arrest of the appellant. The “plain view” doctrine, even as modified, provides no justification for this seizure.
The Motion for Rehearing is denied.