The proposed bill aims to establish the "Protection of Shared Physical and Digital Property from Warrantless Searches Act" in West Virginia. It includes legislative findings that affirm the right of individuals to be secure in their physical and digital property, emphasizing that this right extends to information shared with third parties for goods and services. The bill critiques the "Third Party Doctrine," which currently undermines these protections, and asserts that government agents must obtain consent or a judicial warrant based on probable cause before accessing shared information.

Additionally, the bill outlines specific conditions under which government agents can search or seize property held by third parties, prohibiting such actions without a warrant unless there is consent or an imminent threat. It also establishes that any evidence obtained through illegal searches or seizures is inadmissible in legal proceedings and allows individuals to pursue actions under the West Virginia Human Rights Act if their rights are violated. The bill is set to take effect on July 31, 2025.

Statutes affected:
Introduced Version: 62-1H-1, 62-1H-2, 62-1H-3, 62-1H-4, 62-1H-5, 62-1H-6