• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Return of irreplaceable intelectual property on seized computers

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

johnrmcd

Junior Member
What is the name of your state (only U.S. law)? Maryland

During a recent warrant a number of computers were seized from a residence including two business computers. These computers are fully owned by the business and contain the only copies of irreplaceable intellectual property that belongs to the business. When informed that the two computers were used exclusively for the company the officer in charge simply shrugged and said “Oh well.” By doing this the police have essentially shut down the business and they will not give me a time frame for the computers return.

What is most frustrating is that while they took the business computers they left another computer in the house belonging to another resident.

I have written the Mayor as a small business owner to see if the mayor’s office could give me more information, but to no avail. I have hired an attorney, but this is not really his area of expertise.

What course of action can I take to have my business’ computer hardware and intellectual property returned as soon as possible? Quite frankly I’m losing a lot of valuable time and money and the police are not returning my daily phone calls.

Thank you and have a great day.
 


Kiawah

Senior Member
Can you retrieve your critical business data from your offsite backup's or online backup service, whichever you use?
 

Mass_Shyster

Senior Member
I have hired an attorney, but this is not really his area of expertise.

What course of action can I take to have my business’ computer hardware and intellectual property returned as soon as possible?
You may need to hire an attorney experienced in this area. Convey to your attorney the importance of getting this property back as soon as possible, and ask if he knows someone more experienced in this area.
 

johnrmcd

Junior Member
Can you retrieve your critical business data from your offsite backup's or online backup service, whichever you use?
Since there was almost a terabyte of data involved the computers served as backups of each other. Essentially the primary drive in each computer was mirrored on the other computer. I never dreamed something would happen to both of them at the same time…
 

TheGeekess

Keeper of the Kraken
Since there was almost a terabyte of data involved the computers served as backups of each other. Essentially the primary drive in each computer was mirrored on the other computer. I never dreamed something would happen to both of them at the same time…
When you get them back, I would suggest storing a backup off-site. That's the only way to almost guarantee that your data doesn't get gone for one reason or another. :cool:
 

tranquility

Senior Member
The only answer is to get a good attorney to try. I don't know if he can, depending on the facts, but the only way to force the police to give you your stuff back (Or, a copy.) will be by court order so you might as well start things now.

It is not a DIY thing to get a mandatory injunction to have the police return you your stuff.
 

Zigner

Senior Member, Non-Attorney
Speaking to the backups...what if there was a fire or a flood in your office that destroyed both computers? Yes, off-site backup is a MUST.
 

stealth2

Under the Radar Member
Speaking to the backups...what if there was a fire or a flood in your office that destroyed both computers? Yes, off-site backup is a MUST.
Lightning strike? Any number of things could happen to wipe out both computers at the same time. If nothing else, have the two of them in separate locations. You may well have learned a very difficult lesson.
 

HighwayMan

Super Secret Senior Member
Since there was almost a terabyte of data involved...

Disks are cheap. I saw a 1 TB standalone USB drive at BJ's a while back and the price was about $150 IIRC. If this information is so valuable then off-site storage of backups is an absolute must.
 

Proseguru

Member
Talking to the police is not going to get you anywhere. You can talk with the DA's office and see.

The ? is : why did they take your computers?
 

Mass_Shyster

Senior Member
Blah, blah, blah, you should have done a backup.

Blah, blah, blah, you're an idiot for not doing a backup.

Blah, Blah, Blah, I hope you learned your lesson.

Now that I've gotten that out of my system, take a read through scholar.google.com/scholar_case?case=12463080578501125633

MACE PRODUCE COMPANY, INC., ET AL.
v.
STATE'S ATTORNEY FOR BALTIMORE CITY

particularly
Judge Sklar, finding the appellants' challenges to the warrant to be without merit, signed an order allowing appellants to inspect and/or copy at reasonable times and places all of the records seized but denying the relief prayed for by the appellants.
It sounds like there's a procedure in place to allow you access to your information. I suggest you find out exactly what that procedure is and use it. Make sure when you go in to make the copy you bring a large enough device to hold all the data. You're also talking several hours to copy a terrabyte to an external USB device.
 

CdwJava

Senior Member
Since the computers were seized pursuant to a court order (the search warrant) then it stands to reason that only a court order can release them. In my state the police and the DA would have no power whatsoever to return the seized property.

As mentioned, it is time to consult an attorney.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top