Legal Question in Civil Litigation in California
Civil Search Warrant:: How Do We Get and Use this Tool?
We have a client whose employee stole sensitive, proprietary material from the COmpany. There are witnesses, videotape, and other documentation, as well as a signed statement from the perpetrator in which he promises to return some of the material. Our client faces market risks if this is sold or released to competitors. To keep him from disposing of the material or hiding it, we'd like to help "grab" it with a court order... The value ofthis material could be considered hundreds of thousands or millions of dollars worth.
Can we go before a judge in an EX PARTE hearing and get a search warrant if our evidence is strong enough?
2 Answers from Attorneys
Assistance with Stolen Materials
An EX PARTE motion will not allow you to obtain a "search warrant"Only law enforcement can obtain one. What you can do is file fora restraining order precluding the individual from using the material.
Additionally, you should have an attorney file a lawsuitagainst the individual for misappropriation of embezzlement (more research is needed)
Finally, you could approach your local Police Department and ask that criminalcharges be filed against the individual for grand theft.
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Employee Theft of Sensitive Materials
This is a tricky area. As a private party, your client cannot obtain a search warrant. This power is available only to law enforcement agencies, although you may be able to persuade the local police (or maybe the FBI or other agency, depending on the nature of the materials and the facts of the offense) to obtain one if you report the theft as a crime.
Probably your best bet is to seek an injunction or restraining order forbidding the ex-employee to use or convey the materials. If he has gone to work for a competitor, that company should also be made a defendant in the suit. Because trials are open to the public, the suit (like most trade secret suits) will also have to be conducted in such a way as to avoid disclosure of the trade secrets your client wants to protect.
Feel free to contact me if you wish to discuss this further.
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