Senate Bill 5 History
Senate Bill No. 5
(By Senators Jenkins and Plymale)
[Introduced February 13, 2013; referred to the Committee on the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §62-1-1a, relating to
the temporary detention, up to a maximum of six hours, of
criminal suspects by law-enforcement officers to inquire about
the commission of a crime where probable cause appears to
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §62-1-1a, to read as
ARTICLE 1. PRELIMINARY PROCEDURE.
§62-1-1a. Temporary detention by law-enforcement officer of person
suspected of criminal behavior or violating conditions of parole or probation; limitations.
(a) Whenever any law-enforcement officer of this state
encounters any person under circumstances which reasonably indicate
that the person has committed, is committing, or is about to commit
a violation of the criminal laws of this state or the criminal
ordinances of any municipality, the officer may temporarily detain
the person for the purpose of ascertaining the identity of the
person temporarily detained and the circumstances surrounding the
person's presence in the place which led the officer to believe
that the person had committed, was committing, or was about to
commit a criminal offense.
(b) No person may be temporarily detained under subsection (a)
of this section longer than is reasonably necessary to effect the
purposes of that subsection. The temporary detention may not extend
beyond the place where it was first effected or the immediate
vicinity thereof and
no detention undertaken pursuant to subsection
(a) of this section may last more than six hours.
(c) If at any time after the onset of the temporary detention
authorized by subsection (a) of this section, probable cause for
arrest of person appears, the person shall be arrested. If, after
an inquiry into the circumstances which prompted the temporary
detention, no probable cause for the arrest of the person appears,
the person shall be released.
(d) Whenever any law-enforcement officer authorized to detain
temporarily any person under the provisions of subsection (a) of
this section has probable cause to believe that any person whom the
officer has temporarily detained, or is about to detain
temporarily, is armed with a dangerous weapon and therefore offers
a threat to the safety of the officer or any other person, the
officer may search the person so temporarily detained only to the
extent necessary to disclose, and for the purpose of disclosing,
the presence of such weapon. If the search discloses a weapon or
any evidence of a criminal offense, it may be seized.
(e) No evidence seized by a law-enforcement officer in any
search under this section is admissible against any person in any
court of this state or political subdivision thereof unless the
search which disclosed its existence was authorized by and
conducted in compliance with of this section.
NOTE: The purpose of this bill is to allow the temporary
detention up to a maximum of six hours of criminal suspects by law-
enforcement officers to inquire on the commission of a crime where
probable cause appears to exist.
This section is new; therefore, strike-throughs and
underscoring have been omitted.