When in doubt, don't pick it. Some plants are sensitive to disturbance. Please do not pick them even if they aren't protected. The Calypso Orchid, Calypso bulbosa , is a fragile plant that lives partially off leaf mold. Its little root is close to the surface, and easy prey to slugs and others.
Minor disturbances can easily dislodge the root from the mold.
Even disturbing the area around it during flowering could kill it. The law does not protect this plant because it is too numerous. It is our responsibility to help sensitive plants survive. These weird species are white, brown, red, or purple and just plain eerie. Botanists call them parasites or saprophytes.