(a) Any person having in his or her possession in or near the fields or woods, or about the streams of this state, any wildlife, hunting dog or other hunting, fishing or trapping paraphernalia, implements or devices suitable for taking wildlife under circumstances indicating he or she has been hunting, trapping, fishing or otherwise taking wildlife, shall, upon demand of any officer authorized to enforce this chapter:
(1) State his or her correct name and address;
(2) Exhibit for inspection all license and documents or other lawful authorization for hunting, fishing, trapping or otherwise taking wildlife required to be carried pursuant to this chapter; and
(3) Exhibit for inspection all such wildlife, paraphernalia, implements or devices which he or she has in his or her possession.
(b) Mere possession of a firearm does not, in and of itself, indicate that a person has been hunting, fishing, trapping or taking wildlife, but may be considered along with other evidence in a determination as to whether a person has been hunting, fishing, trapping or otherwise taking wildlife.
(c) Nothing in this section may be construed as authorizing
searches that violate article three, section six of the West
Virginia Constitution or the Fourth Amendment to the Constitution of the United States, nor may anything in this section be construed
as effecting a waiver of these Constitutional provisions.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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