Originally Posted by
BobZ
really?
then I guess the personal experience related to me by one of the 49 didn't happen. or maybe its senility setting in...
I usually don't side with Sailing but I have to on this one because he is spot on correct. Either the "one of the 49" was exaggerating what actually happened or "the one of the 49" has no idea as to the difference between a search warrant and a subpoena .
A
search warrant is a legal instrument obtained by law enforcement from a judge during the course of a
criminal investigation in pursuit of evidence believed to support criminal charges. A
subpoena (more specifically, a subpoena
duces tecum) is an order, usually drafted by an attorney, compelling a party or witness to produce certain documents.
When the company filed for a temporary injunction against the 49 and the "No OT" campaign in Federal District Court for the Northern District of Georgia, the company was seeking a
civil remedy. A civil remedy is obviously not a criminal matter so no search warrants would have been issued. However, I would not be surprised if each of the 49 named defendants was served a subpoena
duces tecum and thereby ordered to produce emails and any other correspondance or documentation which the company believed would support its argument for the TRO.