Loading chat...
WV HB2386
Bill
Status
2/14/2025
Primary Sponsor
Chuck Horst
Click for details
AI Summary
-
Requires law enforcement officers to obtain a valid search warrant before searching private land (defined as posted, cultivated, or fenced land), abolishing the common law "open fields doctrine" in West Virginia
-
Defines "search" to include physical entry for obtaining information and the use of unmanned aerial vehicles (drones) to enter or gather information from private land
-
Prohibits law enforcement from placing surveillance cameras or game cameras on private land without owner consent or a valid search warrant, though cameras may be placed in areas where officers have lawful access if facing publicly viewable locations
-
Allows warrantless entry exceptions for: permission from property owner/lessee, responding to life-threatening emergencies or immediate public safety threats, and dispatching crippled or distressed wildlife observed from a lawful position
-
Restricts natural resources police officers from entering posted land without a warrant unless responding to emergencies, preventing imminent unlawful wildlife killing, or at the request of the property owner
Legislative Description
Relating to the prohibition of warrantless searches and seizures.
Natural Resources
Last Action
To House Courts
2/18/2025