(1) Has probable cause or another lawful basis for the search;
(2) Obtains the written consent of the operator of the vehicle on a form that complies with section eleven of this article; or, alternatively,
(3) Obtains the oral consent of the operator of the vehicle and ensures that the oral consent is evidenced by an audio recording that complies with section eleven of this article.
(b) Notwithstanding the provisions of subsection (a) of this section, should a form meeting the requirement of section eleven of this article or an audio recording device be unavailable a handwritten consent executed by the vehicle operator and meeting the consent requirements of section eleven of this article will suffice.
(c) Notwithstanding the provisions of subsection (a) or (b)of this section should a court find that the officer had a reasonable suspicion of dangerousness to his or her safety which precluded recordation of the consent the recordation requirements of this section shall be found inapplicable.
(d) Failure to comply with the provisions of this section shall not, standing alone, constitute proof that any consent to search was involuntary.
(e) A finding by a court that the operator of a motor vehicle voluntarily and verbally consented to a search of the motor vehicle shall make the recordation requirements of this section inapplicable.
(f) Nothing contained in this section shall be construed to create a private cause of action.
(g) This section takes effect on January 1, 2011.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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