The bill amends the Code of West Virginia to establish clear regulations regarding law enforcement's entry onto private lands and the use of surveillance technologies. It introduces new sections, 62-1A-12 and 62-1A-13, which impose limitations on warrantless entry, clarify the process for law enforcement to enter posted private lands, and address the use of surveillance cameras and unmanned aerial vehicles (UAVs). Notably, the bill abolishes the common law open fields doctrine, mandates that searches and seizures in open fields require a warrant or recognized exceptions, and prohibits the use of surveillance cameras on private property without consent or a warrant, with specific exceptions for public view areas.

Additionally, the bill modifies existing provisions related to the powers of the director of the Division of Natural Resources and natural resources police officers, allowing them to enter private lands for conservation purposes under certain limitations. It specifies that natural resources police officers may enter private lands without a warrant while performing official duties, but this does not extend to posted lands unless specific conditions are met. The bill also updates legal references and clarifies that its provisions do not apply to law enforcement agencies acting in compliance with the article, particularly concerning UAV operations, which must adhere to constitutional protections. Overall, the bill aims to enhance privacy protections for individuals on private lands while ensuring law enforcement can effectively perform their duties within legal boundaries.

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