West Virginia 2022 Regular Session

West Virginia House Bill HB3245

Introduced
1/12/22  

Caption

The Protection of All Property from Warrantless Searches Act

Impact

If enacted, HB 3245 would fundamentally alter the legal landscape regarding property rights and law enforcement procedures in West Virginia. By establishing strict requirements for entry onto private property, it aims to curb potential abuses of power by law enforcement agencies. The legislation would render any evidence obtained through illegal searches inadmissible in legal proceedings, thereby providing a strong deterrent against unlawful search practices. Moreover, individuals who believe their rights have been violated would have the right to pursue civil damages, reinforcing the legal standing of personal property rights.

Summary

House Bill 3245, titled The Protection of All Property from Warrantless Searches Act, aims to establish comprehensive protections for residents of West Virginia against warrantless searches and seizures. The bill asserts that individuals have a reasonable expectation of privacy within their homes and on their private property. Under this legislation, government agents, which include local, state, and federal officials, would be required to obtain a search warrant supported by probable cause before entering any home or private land, except in very limited circumstances such as emergencies or consent from the property owner. This act highlights the rights of individuals to protect their property from undue governmental intrusion.

Sentiment

The sentiment surrounding HB 3245 seems to be generally supportive among advocacy groups championing civil liberties and privacy rights, as well as residents concerned about government overreach. However, there may be apprehensions from law enforcement and public safety advocates about the potential implications for their ability to respond to emergencies and maintain public order. This division signals a broader debate over the balance between individual rights and community safety, with strong opinions on both sides.

Contention

Notable points of contention include the bill's strict definitions surrounding 'government agents' and 'probable cause', which some proponents argue are too limiting and could hinder law enforcement operations. Critics may express concerns that while protecting private property rights is crucial, such stringent regulations could impede timely responses to criminal activities. This tension between protecting civil rights and ensuring effective policing will likely be a focal point during legislative discussions on the bill.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3095

To create the "Protection of Property from Warrantless Searches Act”

WV HB2189

To create the "Protection of Property from Warrantless Searches Act.”

WV HB2572

To create the Protection of Shared Physical and Digital Property from Warrantless Searches Act

WV HB2652

To create the Protection of Shared Physical and Digital Property from Warrantless Searches Act

WV HB4287

To create the Protection of Shared Physical and Digital Property from Warrantless Searches Act

WV S1098

Protecting real property from warrantless searches

WV LD1883

An Act to Enact the Protection of Shared Physical and Digital Property from Warrantless Searches Act

WV HB4825

Relating to the prohibition of warrantless searches and seizures.

WV HB2386

Relating to the prohibition of warrantless searches and seizures.

WV SB580

Prohibiting warrantless entry on private lands

Similar Bills

WV HB3095

To create the "Protection of Property from Warrantless Searches Act”

HI SB2236

Related To Law Enforcement.

WV HB2189

To create the "Protection of Property from Warrantless Searches Act.”

HI SB601

Related To Law Enforcement.

HI HB1189

Related To Law Enforcement.

MS SB2296

Warrantless search; odor of marijuana insufficient to provide probable cause for.

MS SB2320

Warrantless search; odor of marijuana insufficient to provide probable cause for.

MS SB2440

Warrantless search; odor of marijuana insufficient to provide probable cause for.