HOUSE JOINT RESOLUTION NO. 109
(By Delegates Armstead, Rowan, Tansill,
Overington and Azinger)
[Introduced February 18, 2008; referred to the
Committee on Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section six, article three thereof,
relating to use of electronic surveillance in a person's home
by the government without a warrant; numbering and designating
such proposed amendment; and providing a summarized statement
of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the state at the next general election to be held in
the year two thousand and eight, which proposed amendment is that
section six, article three thereof be amended and reenacted to read
as follows:
ARTICLE III. BILL OF RIGHTS.
§6. Unreasonable searches and seizures prohibited.
The rights of the citizens to be secure in their houses,
persons, papers and effects, against unreasonable searches and
seizures, shall not be violated. No warrant shall issue except
upon probable cause, supported by oath or affirmation, particularly
describing the place to be searched, or the person or thing to be
seized. A warrant is not required for an agent of the government
who consents to electronic surveillance to obtain information by
means of electronic surveillance in the home of a person which is
not prohibited by the fourth amendment to the United States
Constitution under decisions of the United States Supreme Court
when construing the fourth amendment.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Warrantless searches of homes by electronic surveillance home
searched amendment," and the purpose of the proposed amendment is
summarized as follows: "To allow use of electronic surveillance in
a person's home by the government without a warrant when not
prohibited by the United States Constitution."
NOTE: The purpose of this resolution is to propose an
amendment to the State Constitution that would allow an agent of
the government, without first obtaining a warrant, to obtain
information or evidence by means of electronic surveillance in the home of a person when that agent consents to the surveillance and
in instances where this is not prohibited by the Fourth Amendment
to the United States Constitution.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.