Legal Question in Civil Litigation in California

Can someone show up at my home with a supeona for my computer and remove it from my home?


Asked on 8/23/10, 10:38 am

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

They can not do so if it is merely a subpoena, but can if it is a search warrant issued to the police and permits the impounding of evidence as to a suspected crime.

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Answered on 8/28/10, 11:44 am
Anthony Roach Law Office of Anthony A. Roach

In civil litigation, if you are not a party to the lawsuit, you could be served a subpoena. But that does not give the process server the right to come into your home and remove belongings. You would have to bring the computer for inspection to one of the subpoenaing parties or their attorney. But you would also be allowed to object, provided you did so timely upon receipt of the subpoena.

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Answered on 8/28/10, 12:21 pm
Terry A. Nelson Nelson & Lawless

That's what a search warrant means, if it gives that specific authority. Not merely a subpoena. Hope you demanded to see the document.

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Answered on 8/30/10, 11:31 am


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