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Introduced Version House Joint Resolution 7 History

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hjr7 intr
HOUSE JOINT RESOLUTION NO. 7



(By Delegates Armstead, Rowan,
Overington and Azinger)
[Introduced February 16, 2009; referred to the Committee on Constitutional Revision then the Judiciary.]



Proposing an amendment to the Constitution of the State of West Virginia, amending section six, article three thereof, relating to use of electronic surveillance in a person's home by the government without a warrant; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year two thousand ten, which proposed amendment is that section six, article three thereof be amended and reenacted to read as follows:
ARTICLE III. BILL OF RIGHTS.
§6. Unreasonable searches and seizures prohibited.
The rights of the citizens to be secure in their houses, persons, papers and effects, against unreasonable searches and seizures, shall not be violated. No warrant shall issue except upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, or the person or thing to be seized. A warrant is not required for an agent of the government who consents to electronic surveillance to obtain information by means of electronic surveillance in the home of a person which is not prohibited by the fourth amendment to the United States Constitution under decisions of the United States Supreme Court when construing the fourth amendment.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Warrantless searches of homes by electronic surveillance home searched amendment," and the purpose of the proposed amendment is summarized as follows: "To allow use of electronic surveillance in a person's home by the government without a warrant when not prohibited by the United States Constitution."


NOTE: The purpose of this resolution is to propose an amendment to the State Constitution that would allow an agent of the government, without first obtaining a warrant, to obtain information or evidence by means of electronic surveillance in the home of a person when that agent consents to the surveillance and in instances where this is not prohibited by the Fourth Amendment to the United States Constitution.

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


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