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WV Code § 61-16-2 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 16. Use of Unmanned Aircraft Systems|§61-16-2. Prohibited Use of an Unmanned Aircraft System; Criminal Penalties

(a) Except as authorized by the provisions of this article, a person may not operate an unmanned aircraft system:(1) To knowingly and intentionally capture or take photographs, images, video, or audio of another person or the private property of another, without the other person’s permission, in a manner that would invade the individual’s reasonable expectation of privacy, including, but not limited to, capturing, or recording through a window;(2) To knowingly and intentionally view, follow, or contact another person or the private property of another without the other person’s permission in a manner that would invade the individual’s reasonable expectation of privacy, including, but not limited to, viewing, following, or contacting through a window; (3) To knowingly and intentionally harass another person; (4) To violate a restraining order or similar judicial order; (5) To act with a willful wanton disregard for the safety of persons or property; or(6) To knowingly and intentionally operate an unmanned aircraft system in a manner that interferes with the official duties of law enforcement personnel or emergency medical personnel.(b) Any person violating the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 or confined in jail for not more than one year, or both fined and confined.(c) Any person who equips an unmanned aircraft system with any deadly weapon or operates any unmanned aircraft system equipped with any deadly weapon, other than for military in an official capacity, is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.(d) Any person who operates an unmanned aircraft system with the intent to cause damage to or disrupt in any way the flight of a manned aircraft is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 imprisoned for not less than one nor more than five years, or both fined and imprisoned.(e) A person that is authorized by the Federal Aviation Administration to operate unmanned aircraft systems for commercial purposes may operate an unmanned aircraft system in this state for such purposes if the unmanned aircraft system is operated in a manner consistent with federal law.
WV Code § 62-1-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1. Preliminary Procedure|§62-1-1. Complaint

The complaint is a written statement of the essential facts constituting the offense charged. It shall be made upon oath before a justice of the peace.
WV Code § 62-1-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1. Preliminary Procedure|§62-1-2. Warrant -- Issuance

If it appears from the complaint that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue to any officer authorized by law to arrest persons charged with offenses against the state. More than one warrant may issue on the same complaint.
WV Code § 62-1-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1. Preliminary Procedure|§62-1-3. Same -- Contents

The warrant shall be signed by the justice and shall contain the name of the defendant or, if his name is unknown, any name or description by which he can be identified with reasonable certainty. It shall describe the offense charged in the complaint. It shall command that the defendant be arrested and brought before a justice of the county in which the warrant is executed.
WV Code § 62-1-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1. Preliminary Procedure|§62-1-4. Same -- Execution; Arrest by Officer Without Warrant in Possession; Duplicate Warrants

The warrant shall be executed by the arrest of the defendant. It may be executed at any time or place within the state. The officer need not have the warrant in his possession at the time of the arrest, but upon request by the defendant, the officer shall show the warrant to him as soon as possible. If the officer does not have the warrant in his possession at the time of the arrest, he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued. While the complaint is pending, a warrant returned unexecuted and not cancelled or a duplicate warrant may be delivered to the same or another authorized officer for execution.
WV Code § 62-1-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1. Preliminary Procedure|§62-1-5. Same -- Delivery of Prisoner Before Magistrate; Complaint for Person Arrested Without Warrant; Return

(a) (1) An officer making an arrest under a warrant issued upon a complaint, or any person making an arrest without a warrant for an offense committed in his presence or as otherwise authorized by law, shall take the arrested person without unnecessary delay before a magistrate of the county where the arrest is made.(2) If a person arrested without a warrant is brought before a magistrate, a complaint shall be filed forthwith in accordance with the requirements of rules of the Supreme Court of Appeals.(3) An officer executing a warrant shall make return thereof to the magistrate before whom the defendant is brought.(b)(1) Notwithstanding any other provision of this code to the contrary, if a person arrested without a warrant is brought before a magistrate prior to the filing of a complaint, a complaint shall be filed forthwith in accordance with the requirements of rules of the Supreme Court of Appeals, and the issuance of a warrant or a summons to appear is not required.(2) When a person appears initially before a magistrate either in response to a summons or pursuant to an arrest with or without a warrant, the magistrate shall proceed in accordance with the requirements of the applicable provisions of the rules of the Supreme Court of Appeals.
WV Code § 62-1-5a (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1. Preliminary Procedure|§62-1-5a. Citation in Lieu of Arrest; Failure to Appear

A law-enforcement officer may issue a citation instead of making an arrest for the following offenses, if there are reasonable grounds to believe that the person being cited will appear to answer the charge:(1) Any misdemeanor, not involving injury to the person, committed in a law-enforcement officer's presence: Provided, That the officer may arrest the person if he has reasonable grounds to believe that the person is likely to cause serious harm to himself or others; and(2) When any person is being detained for the purpose of investigating whether such person has committed or attempted to commit shoplifting, pursuant to section four, article three-a, chapter sixty-one of this code.The citation shall provide that the defendant shall appear within a designated time.If the defendant fails to appear in response to the citation or if there are reasonable grounds to believe that he will not appear, a complaint may be made and a warrant shall issue. When a physical arrest is made and a citation is issued in relation to the same offense the officer shall mark on the citation, in the place specified for court appearance date, the word "arrested" in lieu of the date of court appearance.
WV Code § 62-1-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1. Preliminary Procedure|§62-1-6. Informing Defendant of Nature of Complaint and His Rights; Opportunity to Confer With Counsel and Arrange Bail

The justice shall in plain terms inform the defendant of the nature of the complaint against him of his right to counsel and, if the offense is to be presented for indictment, of his right to have a preliminary examination. He shall also inform the defendant that he is not required to make a statement and that any statement made by him may be used against him He shall provide the defendant reasonable means to communicate with an attorney or with at least one relative or other person for the purpose of obtaining counsel or arranging bail. The defendant shall not be committed to jail or removed from the county of arrest until he has had a reasonable opportunity to confer with counsel or to arrange bail. He may be detained under such security measures as the circumstances warrant. If the defendant is unable to provide bail or if the offense is unbailable, he shall be committed to jail.
WV Code § 62-1-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1. Preliminary Procedure|§62-1-7. Offense Arising in Other County

If the warrant issued, or if the offense is alleged to have been committed, in a county other than the county of arrest, all papers in the proceeding shall be promptly transmitted to a justice of the county having jurisdiction of the offense for preliminary examination or trial. If the defendant is unable to provide bail in the county of arrest, he shall be committed to the custody of an officer who shall take him without unnecessary delay before a justice of the county wherein the examination or trial is to be held, there to be dealt with as provided by law.
WV Code § 62-1-8 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1. Preliminary Procedure|§62-1-8. Preliminary Examination

If the offense is to be presented for indictment, the preliminary examination shall be conducted by a justice of the county in which the offense was committed within a reasonable time after the defendant is arrested, unless the defendant waives examination. The defendant shall not be called upon to plead. Witnesses shall be examined and evidence introduced for the state under the rules of evidence prevailing in criminal trials generally. The defendant or his attorney may cross-examine witnesses against him and may introduce evidence in his own behalf. On motion of either the state or the defendant, witnesses shall be separated and not permitted in the hearing room except when called to testify. If the defendant waives preliminary examination or if, after hearing, it appears from the evidence that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the justice shall forthwith hold him to answer in the court having jurisdiction to try criminal cases. If the evidence does not establish probable cause, the defendant shall be discharged. After concluding the proceeding the justice shall transmit forthwith to the clerk of the court to which the defendant is held to answer all papers in the proceeding and any bail taken by him
WV Code § 62-1-9 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1. Preliminary Procedure|§62-1-9. Continuance

The justice shall grant upon request of the defendant one continuance for a period not to exceed ten days. A continuance for a like period shall be granted on request of the state if the defendant has been admitted to bail. No other continuance shall be granted except for good cause or by mutual consent of the state and the defendant.
WV Code § 62-1-10 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1. Preliminary Procedure|§62-1-10. Concurrent Powers

A judge of a court having jurisdiction to try criminal offenses shall have the same power to issue warrants as conferred upon a justice of the peace by this article. A mayor or judge of a police court acting in the capacity of a justice of the peace shall have all the powers and duties conferred upon a justice by this article.
WV Code § 62-1-11 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1. Preliminary Procedure|§62-1-11. Repeal of Inconsistent Laws

All provisions of this code which are inconsistent with the provisions of this article are hereby repealed to the extent and only to the extent of such inconsistency: Provided, That under no circumstances shall the foregoing repealer provision or the provisions of this article be construed as repealing, limiting or in any way altering the provisions of article nineteen, chapter seventeen-c of this code.
WV Code § 62-1-12 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1. Preliminary Procedure|§62-1-12. Severability

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or its application, and to this end, the provisions of this article are declared to be severable.
WV Code § 62-1A-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1A. Search and Seizure|§62-1A-1. Search Warrant -- Who May Issue

A search warrant authorized by this article may be issued by a judge of a court having jurisdiction to try criminal cases in the county, or by a justice of the county, or by the mayor or judge of the police court of the municipality, wherein the property sought is located.
WV Code § 62-1A-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1A. Search and Seizure|§62-1A-2. Same — Grounds for Issuance; Property Defined

(1) A warrant may be issued under this article to search for and seize any property(a) Stolen, embezzled, or obtained by false pretenses;(b) Designed or intended for use or which is or has been used as a means of committing a criminal offense; or(c) Manufactured, sold, kept, concealed, possessed, controlled, or designed or intended for use or which is or has been used, in violation of the criminal laws of this state.(2) As used in this section, the term “property” includes documents, books, papers, electronic and digital information, including, but not limited to, social media accounts, and any other tangible objects.(a) For purposes of this section, “electronic and digital information” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include (1) Any wire or oral communication; (2) any communication made through a tone-only paging device; or (3) the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit.(b) A search warrant issued for the search and seizure of a computer, computer network, or other device containing electronic or digital information shall state with particularity the item, application, program, or information sought.(c) A search warrant issued pursuant to this section or Rule 41 of the Rules of Criminal Procedure may be executed or served to the extent it is constitutionally permissible anywhere the electronic or digital information is stored, capable of being produced or where the person or entity in possession of the electronic or digital information does business or resides.
WV Code § 62-1A-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1A. Search and Seizure|§62-1A-3. Same -- Issuance and Contents

A warrant shall issue only upon complaint on oath or affirmation supported by affidavit sworn to or affirmed before the judge or magistrate setting forth the facts establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that there is probable cause to believe that grounds therefor exist, he shall issue a warrant identifying the property and particularly describing the place, or naming or particularly describing the person, to be searched. The warrant shall be directed to the sheriff or any deputy sheriff or constable of the county, to any member of the department of public safety or to any police officer of the municipality wherein the property sought is located, or to any other officer authorized by law to execute search warrants. It shall state the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof. It shall command the officer to search forthwith the person or place named for the property specified, to seize such property and bring the same before the judge or magistrate issuing the warrant. Such warrant may be executed either in the day or night.
WV Code § 62-1A-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1A. Search and Seizure|§62-1A-4. Same -- Execution and Return With Inventory

The warrant may be executed and returned only within ten days after its date. The officer taking property under the warrant shall give to the person from whom or from whose premises the property is taken a copy of the warrant and a receipt for the property taken; or if the person from whose premises the property is taken is not present at the time, the officer shall leave the copy and receipt at the place from which the property is taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The judge or magistrate shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken.
WV Code § 62-1A-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1A. Search and Seizure|§62-1A-5. Breaking and Entering Premises

The officer may break into a house, building or structure, or any part thereof, or anything therein, or any vehicle, vessel or other conveyance, to execute a search warrant, or commit such breaking as may be necessary to liberate himself or a person aiding him in the execution of the warrant. If the place to be searched is a dwelling he shall not attempt a forcible entry until he shall have given notice of his authority and purpose and shall have been refused admittance.
WV Code § 62-1A-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1A. Search and Seizure|§62-1A-6. Motion for Return of Property and to Suppress Evidence

A person aggrieved by an unlawful search and seizure may move for the return of the property and to suppress for use as evidence anything so seized on the ground that (1) the property was illegally seized without a warrant, or (2) the warrant is insufficient on its face, or (3) the property seized is not that described in the warrant, or (4) there was not probable cause for believing the existence of the grounds on which the warrant was issued, or (5) the warrant was illegally executed. If the offense giving rise to the issuance of the warrant be one which a magistrate has jurisdiction to hear and determine, the motion may be made to him If the offense is cognizable only before a court of record the motion shall be made to the court having jurisdiction. The judge or magistrate shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted the property shall be returned unless otherwise subject to lawful detention and it shall not be admissible in evidence at any hearing or trial. The motion may be made before trial or hearing upon three days' notice, or, the motion may be made or renewed at the trial or hearing.
WV Code § 62-1A-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1A. Search and Seizure|§62-1A-7. Disposition of Seized Property

Property taken pursuant to the warrant shall be preserved as directed by the court or magistrate for use as evidence and thereafter shall be returned, destroyed or otherwise disposed of as the court or magistrate may direct.
WV Code § 62-1A-8 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1A. Search and Seizure|§62-1A-8. Purpose of Article; Construction of Other Provisions Dealing With Search Warrants; Repeal of Inconsistent Laws

It is intended that this article govern the issuance and execution of all search warrants, and no subsequent legislation shall be held to supersede or modify the provisions of this article except to the extent that such legislation shall do so specifically and expressly. It is recognized that throughout this code there are many provisions dealing with the issuance and execution of search warrants, and it is not possible at this time to amend and reenact or to specifically repeal those provisions. Accordingly, all such provisions shall be construed so as to conform to and be consistent with the pertinent provisions of this article. In the event that there are provisions in this code so inconsistent with the provisions of this article as to preclude such construction, such other provisions are hereby repealed to the extent of such inconsistency.
WV Code § 62-1A-9 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1A. Search and Seizure|§62-1A-9. Severability

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or its application, and to this end, the provisions of this article are declared to be severable.
WV Code § 62-1A-10 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1A. Search and Seizure|§62-1A-10. Motor Vehicle Searches

(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.