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LSDefine

Simple English definitions for legal terms

mere-evidence rule

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A quick definition of mere-evidence rule:

The mere-evidence rule used to be a law that said police could only take things that were used to commit a crime or things that were stolen, but not things that just showed someone did something wrong. For example, they couldn't take a letter that proved someone was guilty. But now, the Supreme Court says police can take anything that shows someone did something wrong.

A more thorough explanation:

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.

mere-continuation doctrine | mere license

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