QUESTION
Can corporate property be siezed in a search warrant of a home if placed there by the corporation?
Asked on Oct 15th, 2011 on Business Law - New York
More details to this question:
In other words. I work for a company and I manage there computer network from home. There servers are running out of a seperate and closed room in my house (a mini data center). I am doing nothing illegal but I was curious if my home was searched would they be able to sieze the corporation''s property? Can property be divided? for example:. when a child gets in trouble the police are only allowed to search the room and not the entire house without permission of the parents. Anything in New York law I can read about this? Thank you for your time and help.
1 ANSWER
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As a general matter, a seizure order is valid as long as it is "reasonable." If property is in your possession or under your control, even if it is located in a segregated area of a residence, a seizure warrant addressed to the residence would probably permit the seizure of that property. The burden would then shift to the corporate owner of the separate property to show that the property was "theirs," your "yours," in order to recover it.
Answered on Oct 16th, 2011 at 4:26 AM