WEST VIRGINIA CODE
WVC 8-14-3
§8-14-3. Powers, authority and duties of law-enforcement officials
and policemen.
The chief and any member of the police force or department of
a municipality and any municipal sergeant shall have all of the
powers, authority, rights and privileges within the corporate
limits of the municipality with regard to the arrest of persons,
the collection of claims, and the execution and return of any
search warrant, warrant of arrest or other process, which can
legally be exercised or discharged by a deputy sheriff of a county.
In order to arrest for the violation of municipal ordinances and as
to all matters arising within the corporate limits and coming
within the scope of his official duties, the powers of any chief,
policeman or sergeant shall extend anywhere within the county or
counties in which the municipality is located, and any such chief,
policeman or sergeant shall have the same authority of pursuit and
arrest beyond his normal jurisdiction as has a sheriff. For an
offense committed in his presence, any such officer may arrest the
offender without a warrant and take him before the mayor or police
court or municipal court to be dealt with according to law. He and
his sureties shall be liable to all the fines, penalties and
forfeitures which a deputy sheriff is liable to, for any failure or
dereliction in such office, to be recovered in the same manner and
in the same courts in which such fines, penalties and forfeitures
are recovered against a deputy sheriff. In addition to the mayor,
or police court judge or municipal court judge, if any, of a city, the chief of police of any municipality and in the absence from the
station house of the chief of police the captains of police and
lieutenants of police shall each have authority to administer oaths
to complainants and to issue arrest warrants thereon for all
violations of the ordinances of such municipality.
It shall be the duty of the mayor and police officers of every
municipality and any municipal sergeant to aid in the enforcement
of the criminal laws of the state within the municipality,
independently of any charter provision or any ordinance or lack of
an ordinance with respect thereto, and to cause the arrest of or
arrest any offender and take him before a magistrate to be dealt
with according to the law. Failure on the part of any such
official or officer to discharge any duty imposed by the provisions
of this section shall be deemed official misconduct for which he
may be removed from office. Any such official or officer shall
have the same authority to execute a warrant issued by a
magistrate, and the same authority to arrest without a warrant for
offenses committed in his presence, as a deputy sheriff.
No officer or member of the police force or department of a
municipality may aid or assist either party in any labor trouble or
dispute between employer and employee. They shall in such cases
see that the statutes and laws of this state and municipal
ordinances are enforced in a legal way and manner. Nor shall he or
she engage in off-duty police work for any party engaged in or
involved in such labor dispute or trouble between employer and employee.
The chief of police shall be charged with the keeping and
security of the jail and at any time that one or more prisoners are
being held in the jail, he shall require that the jail be attended
by a police officer or other responsible person.
Note: WV Code updated with legislation passed through the 2012 1st Special Session