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WV HB4097
Bill
Status
1/14/2026
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 any physical or digital property held by third parties, 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 sharing information with another party eliminates constitutional privacy protections, declaring it inconsistent with the right to be secure in property
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Makes any evidence obtained through warrantless third-party searches inadmissible in administrative, civil, or criminal proceedings
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Allows individuals whose rights are violated to sue under the West Virginia Human Rights Act and recover declaratory relief, injunctive relief, compensatory damages, nominal damages, and attorney's fees
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Takes effect July 31, 2026
Legislative Description
To create the Protection of Shared Physical and Digital Property from Warrantless Searches Act
Crime
Last Action
To House Judiciary
1/14/2026