mere evidence rule
mere-evidence rule. Criminal procedure. The former doctrine that a search warrant allows seizure of the instrumentalities of the crime (such as a murder weapon) or the fruits of the crime (such as stolen goods), but does not permit the seizure of items that have evidentiary value only (such as incriminating documents). • The Supreme Court has abolished this rule, and today warrants may be issued to search for and seize all evidence of a crime. Warden v. Hayden, 387 U.S. 294, 87 S.Ct. 1642 (1967); Fed. R. Crim. P. 41(b). [Cases: Searches and Seizures 102. C.J.S. Searches and Seizures §§ 132–134.]
