HB 4676 West Virginia House of Delegates · 2026 Regular Session

End open fields doctrine

HB 4676 eliminates West Virginia's application of the "open fields doctrine," a legal rule allowing police to search areas like fields or wooded land surrounding a home without a warrant. The bill directly affects property owners whose land extends beyond their immediate dwelling (including fenced areas and woods), requiring police to obtain a warrant for searches there, except for established constitutional exceptions. It defines "open fields" as private property a reasonable person would view as private, not generally open to the public. The bill abolishes the previous common law rule and aligns state law with Fourth Amendment protections. This change applies to searches under both federal and West Virginia constitutional safeguards.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 21, 2026 Last action Jan 21, 2026
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Total actions
4
Key actions
0
Committee
2
Jan 21, 2026
Committee
To House Judiciary
lower
Jan 21, 2026
Introduced
Introduced in House
lower
Jan 21, 2026
Committee
To Judiciary
lower
1 primary · 7 co-sponsors

Sponsors