Also known as: fruit of the crime · instrumentality of a crime · evidence of a crime · fruits of the crime · instrumentalities of crime
Written by attorneys · grounded in primary & secondary sources — see below
An item that may be seized pursuant to a warrant when there is probable cause to believe it will aid in the prosecution of a crime by proving its commission or by showing how it was committed. The category encompasses physical objects used to carry out the offense, proceeds derived from it, and documents or records that establish its occurrence.
Investigators received a tip that Felix Franco directed drivers at River Nature to falsify route sheets during nighttime chemical dumps. The affidavit described specific falsified invoices from recent incidents. The magistrate issued a warrant authorizing seizure of all company invoices and GPS logs for the prior year as evidence of a crime. Agents executed the warrant and recovered the full dataset showing the pattern of concealment.
Francesca Fowler's client confessed to a robbery and handed her the stolen cash and weapon. Fowler placed the items in a new safe deposit box without notifying authorities. When investigators later learned of the transfer, they obtained a warrant for the box. The court ruled the items were physical evidence of the crime unprotected by privilege.
Select any source to read its text and confirm it supports the definition.
Francisco Frost led officers on a search for a missing child after an unlawful interrogation. A parallel search team was already approaching the location where the body lay. The evidence of the crime would have been found regardless of the violation. The court admitted the body and related items under the inevitable discovery doctrine.
Fabian Flynn's residence was searched under a warrant later found to lack probable cause. Officers had relied in good faith on the magistrate's issuance. The seized drug ledgers and cash were admitted as evidence of the crime despite the defect. The court applied the good faith exception to uphold the seizure.
Fumiko Fujimoto's telephone conversations were intercepted without a warrant during a prohibition-era investigation. The recordings captured discussions about illegal liquor shipments. The evidence of the crime was offered at trial. The Court held that the Fourth Amendment did not bar admission of the intercepted communications.
Francois Fortier was stopped while driving a car suspected of carrying narcotics. Officers had probable cause to believe the vehicle contained evidence of a crime. They opened containers inside the car and found cocaine and ledgers. The Court upheld the warrantless search of the entire vehicle and its contents.
The affidavit must establish a fair probability that the described records will prove the commission of the specific offense under investigation. A sufficient nexus must link the items to the criminal conduct alleged. Broad categories are permissible when the nature of the scheme makes the full dataset relevant to showing pattern or scope.
Supporting sources
Yes. The warrant must describe the items with enough specificity to prevent officers from exercising unfettered discretion. Categories tied to the suspected offense satisfy the standard when granular pre-seizure identification is impractical. Later off-site review may occur but does not excuse an initial lack of particularity.
Supporting sources
Probable cause extends to the full database when the affidavit shows that all files are maintained in one location and are necessary to establish the scope or methods of the fraudulent scheme. Isolated examples may suffice if the scheme is systemic and the records are integrated. Without facts connecting additional files to the crime, seizure exceeds the rule.
Supporting sources
…Particularly when corroborated, as where the police have confirmed the accused's disclosure of the hiding place of implements or fruits of the crime, such confessions have the highest reliability and significantly contribute to the certitude with which we may believe the accused is guilty. Moreover, it is by no means certain that the…