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Introduced Version House Bill 2425 History

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hb2425 intr
H. B. 2425


(By Delegates Perry, Stemple,

Crosier and Beach)


[Introduced February 16, 2005 ; referred to the

Committee on the Judiciary.]




A BILL to amend and reenact §62-1A-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §62-1A-10, all relating to providing a statutory good faith exception for evidence obtained during the execution of a search warrant, arrest warrant or capias, which is later determined to be invalid.

Be it enacted by the Legislature of West Virginia:
That §62-1A-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §62-1A-10, all to read as follows:
ARTICLE 1A. SEARCH AND SEIZURE.
§62-1A-6. Motion for return of property and to suppress evidence.
A person aggrieved by an unlawful search and seizure may move for the return of the property and to suppress for use as evidence anything so seized on the ground that: (1) The property was illegally seized without a warrant; or (2) the warrant is insufficient on its face; or (3) the property seized is not that described in the warrant; or (4) there was not probable cause for believing the existence of the grounds on which the warrant was issued; or (5) the warrant was illegally executed, unless the applicable court determines that section ten of this article applies. If the offense giving rise to the issuance of the warrant be one which a magistrate has jurisdiction to hear and determine, the motion may be made to him or her. If the offense is cognizable only before a court of record the motion shall be made to the court having jurisdiction. The judge or magistrate shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted, the property shall be returned unless otherwise subject to lawful detention and it shall may not be admissible in evidence at any hearing or trial. The motion may be made before trial or hearing upon three days' notice, or, the motion may be made or renewed at the trial or hearing.
§62-1A-10. Good faith exception to improper search warrant.
Anytime a search warrant, arrest warrant or capias has been issued, and a law-enforcement officer executes the search warrant reasonably relying in good faith on the issuance of the search warrant, arrest warrant or capias, any evidence obtained may not be excluded based upon a search warrant, arrest warrant or capias that is later determined to be invalid, unless failure to apply the exclusionary rule would compromise a defendant's constitutional rights.



NOTE: The purpose of this bill is to provide a statutory good faith exception to the exclusionary rule when evidence has been obtained during an execution of a search warrant, arrest warrant or capias, which is later determined to be invalid, as long as the officer obtaining the evidence has relied in good faith on the search warrant, arrest warrant or capias.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§62-1A-10 is new; therefore, strike-throughs and underscoring have been omitted.
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