W. Va. Code § 62-1A-10
This is the official text of W. Va. Code § 62-1A-10, part of West Virginia’s Va. Code — part of the compiled statutory law of West Virginia, published by the state as "Va. Code." Browse the sections below, each linked to its official government source.
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§62-1A-10. Motor vehicle searches.
Official statutory text
(a) A law-enforcement officer who stops a motor vehicle for an alleged violation of a traffic misdemeanor law or ordinance may not search the vehicle unless he or she:
(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.
(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.
Status: in_force · Read it on the official government site
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