An Ex-Parte Search and Seizure

We have left out a detailed recount of the search and seizure of our home on December 8, 2006 as we have filed a lawsuit against the parties involved in that action. Our complaint (read here ...). Related press release (read here ...).

I don't think that one need experience an ex-parte search and seizure of your home first hand in order to appreciate what it must be like. Without any warning, a team of law enforcement, attorneys and perhaps a private investigator or two descend on your home. If you're home, they explain that they have a search and seizure warrant, issued by a Federal Court, and inform you that you have to let them into your home. If you are not at home, they will use 'reasonable force' to gain entry. They (In this case, it was the plaintiff's attorneys and agents that searched and seized) will poke and rifle through every area of your home. Open any drawer, closet or other personal/private space looking at anything they choose. They will make demands. They will stay as long as they like. When they leave, they will take with them, 'seize', anything they choose. It is a unique experience that will evoke many strong feelings and is not easily, if ever forgotten.

I am a software engineer who is able to work from home several days a week. I was working in my home office on December 8th, 2006 as my wife was not feeling well that morning and had gone back to bed after we got our two children off to school. Among other events that day, plaintiff's counsel demanded that they search my office and work computer. I consented to a search of my work computer as they threatened to seize it if I did not consent.

Although I was not named in the complaint or the court's search and seizure warrant ( the plaintiff knew my name, that my wife and I owned a home in Herndon, Virginia based upon their 'thorough' pre-raid investigation) and nothing was found in my office or on my computer to link or associate me with my wife's business, with hours of leaving our home, plaintiff's counsel froze all of our financial assets, checking and savings, individual or jointly held as well as personal credit cards. The raid occurred on a Friday, we were left to face the weekend and the coming weeks without access to funds of any kind. Here begins our brief and unsatisfactory foray into the judicial system.