SB 838
Prohibiting law enforcement from placing surveillance cameras on private property
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill prohibits West Virginia law enforcement officers from installing surveillance cameras or game cameras on private property without explicit consent from the landowner or a valid search warrant. The bill defines ‘private land’ as posted, cultivated, or fenced areas. An exception is included allowing cameras to be placed in areas where law enforcement officers have a lawful right to be and where the location is already visible to the public. This legislation aims to protect the privacy of individuals on private land.
Key provisions
- Law enforcement cannot install surveillance cameras on private land without consent.
- Law enforcement cannot install surveillance cameras on private land without a valid search warrant.
- ‘Private land’ is defined as posted, cultivated, or fenced land.
- Cameras can be placed in areas open to public view without consent.
- The bill amends existing search and seizure laws.
- It establishes a new section (§61-1A-12) specifically addressing this issue.
Who is affected
- Law enforcement officers
- Private landowners
- Lessees of private land
- West Virginia residents
- Individuals whose property is considered ‘private land’ under the bill
Notable changes
- Creates a specific prohibition on surveillance cameras on private land by law enforcement.
- Requires consent or a search warrant for placement of cameras.
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