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 constitutional protections when individuals share information with others. It mandates that government agents must obtain consent or a judicial warrant based on probable cause before searching or seizing any physical or digital property held by a third party, with specific exceptions for imminent threats.

Additionally, the bill outlines definitions for key terms such as "digital property," "government agent," and "third party," and establishes conditions under which searches or seizures can occur. It stipulates 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