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WV HB4676

WV HB4676
End open fields doctrine


summary

Introduced
01/21/2026
In Committee
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)

Last Action

To House Judiciary (on 01/21/2026)

bill text


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