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WV HB2652
Bill
Status
2/20/2025
Primary Sponsor
Chuck Horst
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AI Summary
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Requires government agents to obtain a warrant based on probable cause before searching or seizing a person's physical or digital property held by third parties (such as service providers), with exceptions only for owner consent or imminent threats to life, safety, or property
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Rejects the federal "Third Party Doctrine," which holds that individuals lose constitutional privacy protections when they share information with third parties like banks, phone companies, or online services
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Mandates that government agents provide notice and a copy of the warrant to both the property owner and the third party, with courts able to delay notice up to 30 days (or longer) if it would jeopardize an ongoing investigation
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Makes any evidence obtained through searches violating this act inadmissible in administrative, civil, or criminal proceedings
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Allows individuals whose rights are violated to pursue legal action under the West Virginia Human Rights Act, with remedies including declaratory relief, injunctive relief, compensatory damages, nominal damages, and attorney's fees
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Takes effect July 31, 2025
Legislative Description
To create the Protection of Shared Physical and Digital Property from Warrantless Searches Act
Crime
Last Action
To House Judiciary
2/20/2025