The natural produce of land and animals. Ownership of such produce vests in the owner of the parent property upon separation from that property.
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Warrant for Seized Produce
Officers obtained a warrant to search a warehouse after a tip that stolen orchard equipment was hidden there. The warrant listed contraband along with any fructus discovered during the search. Agents located crates of apples that had been harvested from trees on the victim's farm and seized them as evidence of the theft.
Attorney Conceals Harvest
A client delivered boxes of freshly picked grapes to his lawyer along with a weapon used in a robbery. The lawyer moved the grapes to a new storage facility to keep them from investigators. Because the grapes constituted physical fructus of the crime, the lawyer's actions exposed him to liability for obstruction.
Federal agents entered a farm without a warrant and removed several bushels of ripe peaches that were ready for market. The owner sued the agents for damages under Bivens, claiming the seizure of the fructus violated the Fourth Amendment even though no criminal charges were filed.
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971)
On the morning of November 26, 1965, agents of the Federal Bureau of Narcotics entered Webster Bivens's apartment in the Bronx.
The agents broke open the door, handcuffed Bivens in front of his wife and young children, and thoroughly searched the apartment. They then transported Bivens to the federal courthouse in Brooklyn, where he was interrogated, booked, and subjected to a visual strip search.
Several days later Bivens was released on his own recognizance, and he was never indicted or prosecuted for any offense. Bivens filed suit in the United States District Court for the Eastern District of New York against the six agents in their individual capacities. His complaint sought fifteen thousand dollars in damages from each agent and alleged that the arrest and search were effected without a warrant, that unreasonable force was employed, and that the arrest was made without probable cause. Bivens claimed to have suffered great humiliation, embarrassment, and mental suffering as a result of the agents' conduct.
The District Court dismissed the complaint on the ground that it failed to state a cause of action. The United States Court of Appeals for the Second Circuit affirmed the dismissal. The Supreme Court of the United States granted certiorari to review the judgment.
A telephone company compiled a directory listing local orchards and their seasonal fruit yields. A publisher copied the listings without permission. The court held that the raw data about fructus production lacked the originality required for copyright protection.
Feist Publications, Inc. v. Rural Telephone Service Co.499 U.S. 340, 349-350 (1991)
Rural Telephone Service Company, Inc., is a certified public utility that provides telephone service to several communities in northwest Kansas. As a condition of its monopoly franchise, state regulation requires Rural to issue an updated telephone directory annually. Rural's directory consists of white pages listing subscribers' names, towns, and telephone numbers in alphabetical order, along with yellow pages featuring classified advertisements.
Feist Publications, Inc., specializes in area-wide telephone directories covering larger geographical ranges than typical local directories. Feist's 1983 directory encompasses eleven telephone service areas in fifteen counties and contains 46,878 white pages listings. To compile its directory, Feist approached each of the eleven telephone companies operating in northwest Kansas and offered to pay for the right to use their white pages listings.
Of the eleven companies, only Rural refused to license its listings. Feist then copied 1,309 listings from Rural's 1982-1983 white pages after first removing several thousand outside its geographic range and verifying the remaining data through additional investigation that added street addresses to many entries. Four of the copied listings were fictitious entries that Rural had inserted to detect copying.
Rural sued Feist for copyright infringement in the United States District Court for the District of Kansas. The district court granted summary judgment to Rural. The Court of Appeals for the Tenth Circuit affirmed in an unpublished opinion. The Supreme Court granted certiorari to review whether the copyright in Rural's directory protects the names, towns, and telephone numbers copied by Feist.
A farmer practicing plural marriage was prosecuted under federal law. Prosecutors introduced evidence of the fructus from his orchards to show the economic scale of the household and to establish the facts of cohabitation.
Reynolds v. United States98 U.S. (8 Otto) 145 (1878)
George Reynolds, a longtime member of the Church of Jesus Christ of Latter-Day Saints, was indicted in the District Court of the third judicial district of the Territory of Utah for bigamy after entering a second marriage to Amelia Jane Schofield while his first wife remained alive.
Reynolds had obtained permission from recognized church authorities to contract the polygamous marriage. He and other male church members believed the practice was a religious duty enjoined by divine revelation to Joseph Smith. Refusal would bring damnation when circumstances permitted.
The grand jury that returned the indictment consisted of fifteen persons under a territorial statute. This differed from the sixteen to twenty-three persons required by federal statute for United States circuit and district courts. During voir dire, the trial court overruled Reynolds's challenges for cause to prospective jurors including Charles Read who stated they had formed opinions about the case. The court sustained government challenges to other prospective jurors who were or had been living in polygamy.
At trial the prosecution offered the transcript of testimony given by Amelia Jane Schofield at an earlier prosecution of Reynolds for the same offense under a different indictment. The government showed that subpoenas were served at Reynolds's house. An officer was told the witness was not at home. Reynolds declined to disclose her location. A later subpoena with the correct name also failed to locate her. Reynolds had been present and able to cross-examine at the prior trial but offered no explanation for her absence.
Reynolds requested a jury instruction that he must be acquitted if the jury found he acted in the sincere belief that the second marriage fulfilled a religious duty. The court refused and instead instructed that religious belief could not excuse a knowing violation of the criminal law. The court further instructed the jury to consider the consequences of polygamy for innocent women and children. Reynolds was convicted and the case reached the Supreme Court of the United States on writ of error.
After an unwarned confession, officers located a hidden cache of walnuts that had been stolen from a neighboring grove. The court admitted the walnuts themselves because the physical fructus of the crime were not subject to suppression even though the statement was excluded.
Dickerson v. United States530 U.S. 428 (2000)
Petitioner Dickerson was indicted for bank robbery, conspiracy to commit bank robbery, and using a firearm in the course of committing a crime of violence.
Before trial, Dickerson moved to suppress a statement he had made at a Federal Bureau of Investigation field office on the grounds that he had not received Miranda warnings before being interrogated. The District Court granted his motion to suppress, and the Government took an interlocutory appeal to the United States Court of Appeals for the Fourth Circuit.
That court reversed the District Court's suppression order. It agreed that petitioner had not received Miranda warnings before making his statement but held that 18 U.S.C. § 3501 governed the admissibility of the statement. The Fourth Circuit concluded that Miranda was not a constitutional holding and that Congress could therefore have the final say on admissibility.
Two years after Miranda was decided, Congress enacted 18 U.S.C. § 3501, which provides that a confession shall be admissible in evidence if it is voluntarily given and directs the trial judge to consider specified factors in determining voluntariness. Because of the importance of the questions raised by the Court of Appeals' decision, the Supreme Court granted certiorari.
How does a bona fide possessor acquire title to fructus?
A bona fide possessor acquires ownership of fructus by separatio, the moment the produce separates from the parent land or animal. The possessor must later account to the true owner for any unconsumed fruits.
What is the difference between fructus naturales and fructus civiles?
Fructus naturales are the spontaneous products of land and animals. Fructus civiles are the rents, profits, and other civil revenues derived from the property rather than its natural growth.
Does a tenant acquire title to fructus by separation?
A tenant acquires title to fructus only by perceptio, the act of gathering or harvesting them. Mere separation does not transfer title to the tenant.
384 U.S. 436 (1966)
…that failure to follow the new procedures requires inexorably the exclusion of any statement by the accused, as well as the fruits thereof. Such a strict constitutional specific inserted at the nerve center of crime detection may well kill the patient. Since there is at this time a paucity of information and an…
Criminal Law Constitutional ProtectionsConstitutional protections of accused persons · Arrest, search, and seizure [Fourth Amendment]NEXTGENFoundational