summary
Introduced
01/21/2026
01/21/2026
In Committee
01/21/2026
01/21/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
The purpose of this bill is to eliminate the open fields doctrine in this state.
AI Summary
This bill aims to eliminate the "open fields doctrine" in West Virginia, which is a legal principle that allows law enforcement to search areas of private property that are not immediately around a person's home, even without a warrant, if those areas are considered "open" and not private. The bill clarifies that such "open fields," defined as private property beyond the area immediately surrounding a home, including fenced land and wooded areas, are now protected by the Fourth Amendment of the U.S. Constitution and Article III, Section 6 of the West Virginia Constitution, meaning they cannot be searched without a warrant or a constitutionally recognized exception.
Committee Categories
Justice
Sponsors (8)
Chris Anders (R)*,
Elias Coop-Gonzalez (R),
Henry Dillon (R),
Dave Foggin (R),
Chuck Horst (R),
Laura Kimble (R),
Larry Kump (R),
Lisa White (R),
Last Action
To House Judiciary (on 01/21/2026)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4676&year=2026&sessiontype=RS&btype=bill |
| BillText | http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb4676%20intr.htm&yr=2026&sesstype=RS&i=4676 |
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