Bill > HB2386

This bill addresses warrantless searches and seizures on private lands in West Virginia by establishing strict limitations on law enforcement entry and surveillance. The legislation prohibits natural resources police officers and other law enforcement officials from entering posted private lands without either obtaining explicit consent from the property owner or obtaining a valid search warrant, with only a few specific exceptions such as responding to life-threatening emergencies or dispatching distressed wildlife. The bill also restricts the use of surveillance cameras on private property, mandating that law enforcement can only place cameras with property owner consent or a search warrant, unless the camera is positioned in a publicly viewable area where the officer has a lawful right to be. Additionally, the bill abolishes the common law "open fields" doctrine, which previously allowed warrantless searches of unoccupied private lands, thereby strengthening property owners' Fourth Amendment protections against unreasonable searches. The key exceptions to the warrant requirement include situations involving imminent threats to public safety, dispatching injured wildlife, or when the property owner provides permission. These provisions aim to enhance privacy rights and ensure that law enforcement respects private property boundaries while maintaining necessary public safety mechanisms.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2386&year=2025&sessiontype=RS&btype=bill