The daguerreotypes could be classified as fruit or instrumentality of a crime

Evidence

“All right,” the judge continued. “So with that in mind, there’s no question that this was done under circumstances, that at least in Massachusetts at the time were illegal, we don’t even have to look to today, and say, Oh, today’s different—then in Massachusetts it was not right. So why isn’t this a fruit or an instrumentality of the crime?” — Tamara Lanier, From These Roots, 1267

Categorization

  • DEFINE: “Fruit or instrumentality of the crime” — the forfeiture doctrine that would strip Harvard of its property interest.