Bill > HB2449

This bill seeks to eliminate the open fields doctrine in West Virginia, which historically has allowed law enforcement to enter and search private, unoccupied land without a warrant. The proposed legislation would provide stronger protections for private property by establishing that open fields—defined as private property beyond the immediate surroundings of a dwelling, including fenced and wooded areas—cannot be searched without a valid search warrant or judicial process, except in specific constitutionally established circumstances. Specifically, the bill states that if a reasonable person would conclude an area is private or not generally accessible to the public, it should be protected under both the Fourth Amendment of the U.S. Constitution and Article III, Section 6 of the West Virginia Constitution. By explicitly abolishing the common law open fields doctrine, the bill aims to enhance property owners' privacy rights and restrict law enforcement's ability to conduct warrantless searches of private land that is not immediately adjacent to a residence.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2449&year=2025&sessiontype=RS&btype=bill