This bill amends the Code of West Virginia to establish stricter regulations on law enforcement's ability to enter private lands without a warrant and the use of surveillance cameras. It introduces new sections, 62-1A-12 and 62-1A-13, which limit warrantless entry to specific circumstances, such as emergencies or preventing imminent unlawful acts, and abolishes the common law open fields doctrine. The legislation also prohibits 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 20-1-7 and 20-7-4, clarifying that natural resources police officers may only enter private lands under certain conditions and cannot access homes or their curtilages without a warrant. It emphasizes the need for a search warrant or recognized exceptions for searches and seizures in open fields, thereby enhancing protections for private property rights. The bill aims to balance the enforcement of natural resource laws with the rights of property owners, ensuring that law enforcement actions are conducted within legal boundaries.
Statutes affected: Introduced Version: 20-1-7, 20-7-4, 62-1A-12, 62-1A-13