This bill amends the Code of West Virginia to enhance protections for private property against warrantless entry by law enforcement and the use of surveillance cameras. It introduces new sections, 62-1A-12 and 62-1A-13, which limit law enforcement's ability to enter posted private lands without a warrant, allowing such entry only in specific circumstances like emergencies or to prevent imminent unlawful acts. The bill abolishes the common law open fields doctrine, thereby prohibiting the use of surveillance cameras on private property without consent or a warrant, while allowing for camera placement in publicly visible areas.

Additionally, the bill modifies existing provisions in sections 20-1-7 and 20-7-4, clarifying that natural resources police officers may only enter private lands under certain conditions and cannot enter homes or their curtilages without a warrant. It emphasizes the necessity of consent or a search warrant for any surveillance activities on private land, while also ensuring that law enforcement agencies comply with existing laws regarding unmanned aerial vehicle operations. Overall, the legislation aims to strike a balance between law enforcement needs and the protection of individual property rights.

Statutes affected:
Introduced Version: 20-1-7, 20-7-4, 62-1A-12, 62-1A-13