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Bill > SB838


WV SB838

WV SB838
Prohibiting law enforcement from placing surveillance cameras on private property


summary

Introduced
03/20/2025
In Committee
03/20/2025
Crossed Over
Passed
Dead
04/12/2025

Introduced Session

2025 Regular Session

Bill Summary

The purpose of this bill is to prohibit law enforcement officers from placing a surveillance camera or game camera on certain private land; providing an exception; and defining "private land".

AI Summary

This bill establishes new restrictions on law enforcement's ability to place surveillance or game cameras on private property in West Virginia. Specifically, the bill prohibits law enforcement officers from installing such cameras on private land without first obtaining explicit consent from the property owner, lessee, or person with possession rights, or obtaining a valid search warrant. However, the bill includes an important exception: officers can place cameras in areas where they already have a lawful right to be, and can face those cameras toward locations that are open to public view without needing prior consent or a warrant. The bill defines "private land" by referencing existing state code, which includes posted land (marked with signs indicating no trespassing), cultivated land (actively farmed or used for agricultural purposes), and fenced land. This legislation aims to protect property owners' privacy rights by requiring law enforcement to either get permission or obtain a warrant before conducting surveillance on private property, while still preserving officers' ability to conduct legitimate investigations and surveillance in publicly accessible areas.

Committee Categories

Justice

Sponsors (1)

Last Action

To Judiciary (on 03/20/2025)

bill text


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