Also known as: instruments of crime · instrumentality
Written by attorneys · grounded in primary & secondary sources — see below
A thing that a person possesses with the purpose of employing it criminally. The term covers items specially made or adapted for criminal use and items commonly used for criminal purposes when possessed under circumstances that indicate unlawful intent.
Ismael Ibrahim kept a worn-out crowbar in his vehicle along with burglary plans. He intended to use it to force entry during a planned theft. The crowbar qualified as an instrument of crime because it was possessed for criminal use.
Isabella Ingram formed Island Manufacturing with minimal capital and used it solely to purchase lock-picking kits for planned thefts. Police later seized the kits. The kits were instruments of crime held under circumstances showing unlawful purpose.
Integrity Partners supplied Imran Iyer with a specialized slim jim for vehicle entries. Iyer kept the tool to commit unauthorized thefts. The slim jim counted as an instrument of crime because Iyer possessed it with criminal intent.
Select any source to read its text and confirm it supports the definition.
India Inoue ran Ironwood Capital as an undercapitalized shell that purchased and held safecracking equipment for her personal crimes. Officers found the equipment during a raid. The equipment constituted instruments of crime possessed under circumstances revealing unlawful purpose.
Ibrahim Iqbal carried a modified screwdriver filed to a point for forcing locks during planned burglaries. Police found the tool in his vehicle. The screwdriver qualified as an instrument of crime because it had been specially adapted for criminal use and was possessed with unlawful purpose.
Isabelle Inman kept a standard hammer in her car along with stolen property lists and entry notes. Officers discovered the items during a traffic stop. The hammer became an instrument of crime because it was commonly used for criminal purposes and Inman possessed it under circumstances that indicated unlawful purpose.
The prosecution must show that the defendant possessed the item with the purpose of employing it criminally. The item must either be specially made or adapted for criminal use or be commonly used for criminal purposes under circumstances that do not negate unlawful purpose.
No. The circumstances of possession must indicate unlawful purpose. A hammer carried during a lawful job does not qualify, but the same hammer carried with stolen-property lists and entry notes can qualify because those facts do not negate criminal intent.
When a corporation is used as a mere instrumentality to hold items specially adapted for crime, courts may disregard the entity if unity of interest exists and adherence to the corporate form would sanction fraud or injustice. The criminal purpose of the tools supplies evidence of the alter-ego relationship.
…through the channels of commerce; nor can § 922(q) be justified as a regulation by which Congress has sought to protect an instrumentality of interstate commerce or a thing in interstate commerce. Thus, if § 922(q) is to be sustained, it must be under the third category as a regulation of an activity that substantially affects…