§62-1A-6. Motion for return of property and to suppress evidence.
A person aggrieved by an unlawful search and seizure may move
for the return of the property and to suppress for use as evidence
anything so seized on the ground that (1) the property was
illegally seized without a warrant, or (2) the warrant is
insufficient on its face, or (3) the property seized is not that
described in the warrant, or (4) there was not probable cause for
believing the existence of the grounds on which the warrant was
issued, or (5) the warrant was illegally executed. If the offense
giving rise to the issuance of the warrant be one which a
magistrate has jurisdiction to hear and determine, the motion may
be made to him. If the offense is cognizable only before a court
of record the motion shall be made to the court having
jurisdiction. The judge or magistrate shall receive evidence on
any issue of fact necessary to the decision of the motion. If the
motion is granted the property shall be returned unless otherwise
subject to lawful detention and it shall not be admissible in
evidence at any hearing or trial. The motion may be made before
trial or hearing upon three days' notice, or, the motion may be
made or renewed at the trial or hearing.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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