HB 4129
Relating to the prohibition of warrantless searches and seizures.
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill seeks to significantly alter the rules surrounding law enforcement searches and seizures on private land in West Virginia. It proposes abolishing the ‘open fields doctrine,’ which previously allowed warrantless searches in open areas, and establishes stricter requirements for entering private property, including the need for consent or a warrant, except in specific emergency situations. The bill also addresses the use of surveillance cameras and unmanned aerial vehicles on private land, outlining limitations and exceptions.
Key provisions
- Abolishes the common law ‘open fields doctrine,’ eliminating the ability for law enforcement to conduct warrantless searches in open areas.
- Requires law enforcement to obtain consent from property owners or obtain a search warrant before entering posted or fenced private land.
- Clarifies the process for law enforcement entry onto posted private lands, particularly in cases of distressed wildlife.
- Prohibits the placement of surveillance cameras on private property without consent or a warrant.
- Addresses the use of unmanned aerial vehicles for surveillance on private land, requiring a search warrant or other recognized exception.
- Defines ‘private land’ to include posted, cultivated, and fenced areas.
- Establishes exceptions for responding to life-threatening emergencies or observing distressed wildlife.
- Provides for the use of surveillance cameras in areas open to public view without requiring consent.
Who is affected
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