§62-1D-1. Short Title
This act shall be known and may be cited as the "West Virginia Wiretapping and Electronic Surveillance Act."
§62-1D-10. Pen Registers and Trap and Trace Devices
(a) Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining permission to do so from the designated judge by order granted in the same manner as is required for an order granting permission to intercept any wire, oral or electronic […]
§62-1D-11. Ex Parte Order Authorizing Interception
(a) Each application for an order authorizing the interception of a wire, oral or electronic communication shall be made only to a designated judge by petition in writing upon oath or affirmation and shall state the applicant's authority to make the application. Each application shall set forth the following: (1) The identity of the member […]
§62-1D-12. Civil Liability; Defense to Civil or Criminal Action
(a) Any person whose wire, oral or electronic communication is intercepted, disclosed, used or whose identity is disclosed in violation of this article shall have a civil cause of action against any person who so intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use the communications, and shall be entitled […]
§62-1D-13. Registration of Intercepting Devices; Serial Number
(a) Law-enforcement agencies in the state shall register with the department of public safety all electronic, mechanical or other devices whose design renders them primarily useful for the purposes of the surreptitious interception of wire, oral or electronic communications which are owned by them or possessed by or in the control of the agency, their […]
§62-1D-14. Breaking and Entering, etc., to Place or Remove Equipment
Any person who trespasses upon any premises with the intent to place, adjust or remove wiretapping or electronic surveillance or eavesdropping equipment without an order from the designated judge authorizing the same is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary for not more than five years.
§62-1D-15. Training and Certification of Law-Enforcement Officers Employed in the Interception of Wire, Oral or Electronic Communications Which Require a Court Order
The superintendent of the department of public safety shall establish a course of training in the legal and technical aspects of wiretapping and electronic surveillance, shall establish such regulations as he or she deems necessary and proper for such training program, and shall establish minimum standards for certification and periodic recertification of investigative or law-enforcement […]
§62-1D-16. Severability of Provisions
The various provisions of this article shall be construed as separable and severable, and should any of the provisions or parts thereof be construed or held unconstitutional or for any reason be invalid, the remaining provisions of this article shall not be thereby affected.
§62-1D-2. Definitions
As used in this article, unless the context in which used clearly requires otherwise, the following terms have the meanings indicated: (a) “Aggrieved person” means a person who was a party to any intercepted wire, oral or electronic communication or a person against whom the interception was directed. (b) “Child care center” means a facility […]
§62-1D-3. Interception of Communications Generally
(a) Except as otherwise specifically provided in this article it is unlawful for any person to: (1) Intentionally intercept, attempt to intercept or procure any other person to intercept or attempt to intercept, any wire, oral or electronic communication; or
§62-1D-4. Manufacture, Possession or Sale of Intercepting Device
(a) Except as otherwise specifically provided in this article, any person who manufactures, assembles, possesses or sells any electronic, mechanical or other device, knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the illegal interception of wire, oral or electronic communications is guilty of […]
§62-1D-5. Forfeiture of Device
Any electronic, mechanical or other device used, manufactured, assembled, possessed or sold in violation of either sections three or four of this article may be seized by and forfeited to the department of public safety.
§62-1D-6. Admissibility of Evidence
Evidence obtained, directly or indirectly, by the interception of any wire, oral, or electronic communication shall be received in evidence only in grand jury proceedings and criminal proceedings in magistrate court, circuit court, and any other court of competent jurisdiction: Provided, That evidence obtained in violation of the provisions of this article shall not be […]
§62-1D-7. Designated Judges
The chief justice of the Supreme Court of Appeals shall, on an annual basis, designate five active circuit court judges to individually hear and rule upon applications for orders authorizing the interception of wire, oral or electronic communications: Provided, That no designated circuit judge may consider any application for such an order if he or […]
§62-1D-8. County Prosecuting Attorney or Duly Appointed Special Prosecutor May Apply for Order Authorizing Interception
The prosecuting attorney of any county or duly appointed special prosecutor may apply to one of the designated circuit judges referred to in §62-1D-7 of this code and the judge, in accordance with the provisions of this article, may grant an order authorizing the interception of wire, oral, or electronic communications by an officer of […]
§62-1D-9. Lawful Disclosure or Use of Contents of Communication
(a) Any investigative or law-enforcement officer who has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived therefrom, may disclose the contents to another investigative or law-enforcement officer of any state or any political subdivision thereof, the United States or any territory, protectorate, or possession of the United States, […]