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WV HB2386

Bill

Status

Introduced

2/14/2025

Primary Sponsor

Chuck Horst

Click for details

Origin

House of Delegates

2025 Regular Session

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

Committee Referrals

Courts2/18/2025
Judiciary2/14/2025

Full Bill Text

No bill text available