Legal Definitions - mere-evidence rule

The mere-evidence rule is a former doctrine in criminal procedure that stated a search warrant only allowed the seizure of the instrumentalities or fruits of a crime, but not items that had evidentiary value only. For example, a search warrant could allow the seizure of a murder weapon or stolen goods, but not incriminating documents.

However, the Supreme Court has abolished this rule, and now warrants may be issued to search for and seize all evidence of a crime. This means that incriminating documents can now be seized with a search warrant.

For example, if a search warrant is issued for a suspect's home in a fraud investigation, the police can now seize not only any stolen money or equipment used in the fraud, but also any documents that may provide evidence of the fraud.