WVC 62 - 1 F- 2
º62-1F-2. Electronic interception of conduct or oral
communications in the home authorized.
(a) Prior to engaging in electronic interception, as defined
in section one of this article, an investigative or law-enforcement
officer shall, in accordance with this article, first obtain from
a magistrate or a judge of a circuit court within the county
wherein the nonconsenting party's home is located an order
authorizing said interception. The order shall be based upon an
affidavit by the investigative or law-enforcement officer or an
informant that establishes probable cause that the interception
would provide evidence of the commission of a crime under the laws
of this state or the United States.
(b) The Legislature hereby requests the Supreme Court of
Appeals to promptly undertake all necessary actions and promulgate
any requisite rules to assure a magistrate or circuit judge is
available after normal business hours to authorize warrants.
Note: WV Code updated with legislation passed through the 2012 1st Special Session