This bill proposes to amend the Code of West Virginia by adding a new section, 62-1A-12, which aims to eliminate the open fields doctrine within the state. The bill asserts that the open fields of any individual, where there are indications that the area is private or not generally accessible to the public, are protected under the Fourth Amendment of the U.S. Constitution and Article III, Section 6 of the West Virginia Constitution. Consequently, these areas cannot be searched without a valid search warrant or outside of the judicial process, except in cases where constitutionally established exceptions for warrantless searches apply.

Additionally, the bill defines "open fields" as private property that extends beyond the immediate land surrounding a private dwelling, including fenced areas and wooded regions. It explicitly abolishes the common law open fields doctrine, thereby reinforcing the privacy rights of individuals regarding their property. The overall intent of the legislation is to enhance protections against unwarranted searches of private property in West Virginia.

Statutes affected:
Introduced Version: 62-1A-12