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WV Code § 62-1D-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1D. Wiretapping and Electronic Surveillance Act|§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 a misdemeanor, and, upon conviction thereof, shall be imprisoned in the county jail for not more than one year or fined not more than $5,000 or both so fined and imprisoned.(b) It is lawful under this section for:(1) A provider of wire or electronic communication services or an officer, agent, or employee of, or a person under contract with, any such provider, in the normal course of business of the provider to manufacture, assemble, possess or sell any electronic, mechanical or other device which is designed for or which is primarily useful for the purpose of the illegal interception of wire, oral or electronic communications;(2) A person under contract with the United States, a state, a political subdivision of a state, or the District of Columbia, in the normal course of the activities of the United States, a state, a political subdivision thereof, or the District of Columbia, to manufacture, assemble, possess or sell any electronic, mechanical or other device which is designed for or which is primarily useful for the purpose of the illegal interception of wire, oral or electronic communications;(3) An officer, agent or employee of the United States in the normal course of his or her lawful activities to manufacture, assemble, possess or sell any electronic, mechanical or other device which is designed for or which is primarily useful for the purpose of the illegal interception of wire, oral or electronic communications. However, any sale made under the authority of this subdivision may only be for the purpose of lawfully disposing of obsolete or surplus devices;(4) An officer, agent or employee of a law-enforcement agency of this state or a political subdivision of this state in the normal course of his or her lawful activities to assemble or possess any electronic, mechanical or other device which is designed for or which is primarily useful for the purpose of the illegal interception of wire, oral or electronic communications, if the particular officer, agent or employee is specifically authorized by the chief administrator of the law-enforcement agency to assemble or possess the device for a particular law-enforcement purpose and the device is registered in accordance with this article.
WV Code § 62-1D-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1D. Wiretapping and Electronic Surveillance Act|§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.
WV Code § 62-1D-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1D. Wiretapping and Electronic Surveillance Act|§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 admissible in any proceeding.
WV Code § 62-1D-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1D. Wiretapping and Electronic Surveillance Act|§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 she presides as judge of the circuit court of the county wherein the applied for installation would occur or of the county wherein the communications facility, line or device to be monitored is located.
WV Code § 62-1D-8 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1D. Wiretapping and Electronic Surveillance Act|§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 the investigative or law-enforcement agency when the prosecuting attorney or special prosecutor has shown reasonable cause to believe the interception would provide evidence of the commission of: (1) Kidnapping or abduction, as defined and prohibited by the provisions of §61-2-14 and §61-2-14a of this code and including threats to kidnap or demand ransom, as defined and prohibited by the provisions of §61-2-14c of this code; (2) any offense included and prohibited by §25-4-11, §61-5-8, §61-5-9, and §61-5-10 or §62-8-1 of this code to the extent that any of said sections provide for offenses punishable as a felony; (3) felony violations of §60A-1-101 et seq. of this code; (4) violations of §61-14-1 et seq. of this code; (5) violations of §61-2-1 of this code; (6) violations of §61-2-12 of this code; (7) felony violations of §61-8B-1 et seq. of this code; (8) violations of §61-1-1 of this code; (9) violations of §61-13-3 of this code; (10) extortion, as defined in §61-2-13 of this code; or (11) any aider or abettor to any of the offenses referenced in this section or any conspiracy to commit any of the offenses referenced in this section if any aider, abettor, or conspirator is a party to the communication to be intercepted.
WV Code § 62-1D-12 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1D. Wiretapping and Electronic Surveillance Act|§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 to recover from any such person or persons:(1) Actual damages, but not less than $100 for each day of violation;(2) Punitive damages, if found to be proper; and(3) Reasonable attorney fees and reasonable costs of litigation incurred.(b) A good faith reliance by a provider of electronic or wire communication services on a court order or legislative authorization constitutes a complete defense to any civil or criminal action brought under this article or any other law.
WV Code § 62-1D-13 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1D. Wiretapping and Electronic Surveillance Act|§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 employees or agents. All such devices shall be registered within ten days from the date on which the devices come into the possession or control of the agency, its employees or agents.(b) Such registration shall include the name and address of the agency as well as a detailed description of each device registered, the serial number thereof and such other information as the department may require.(c) A registration number shall be issued for each device registered pursuant to this section, which number shall be permanently affixed or indicated upon such device.
WV Code § 62-1D-14 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1D. Wiretapping and Electronic Surveillance Act|§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.
WV Code § 62-1D-15 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1D. Wiretapping and Electronic Surveillance Act|§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 officers as eligible to conduct wiretapping or electronic surveillance as authorized by this article.
WV Code § 62-1D-16 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1D. Wiretapping and Electronic Surveillance Act|§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.
WV Code § 62-1E-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1E. Eyewitness Identification Act|§62-1E-1. Definitions

For the purposes of this article:(1) "Administrator" means the person conducting the live lineup, photo lineup or showup.(2) "Suspect" means the person believed by law enforcement to be the possible perpetrator of the crime.(3) "Blind" means the administrator does not know the identity of the suspect.(4) "Blinded" means the administrator may know who the suspect is, but does not know which lineup member is being viewed by the eyewitness.(5) "Eyewitness" means a person whose identification of another person may be relevant in a criminal proceeding.(6) "Filler" means either a person or a photograph of a person who is not suspected of an offense and is included in an identification procedure.(7) "Folder shuffle method" means a procedure for displaying a photo lineup with the following steps:(A) Photos used in a photo lineup are placed in their own respective folder, and the folders are shuffled, numbered and then presented to an eyewitness such that the administrator cannot see or track which photo is being presented to the witness until after the procedure is completed;(B) The procedure is completed only when the eyewitness has viewed the entire array of numbered folders, even if an affirmative identification is made prior to the eyewitness viewing all of the numbered folders;(C) If an eyewitness requests a second viewing, the eyewitness must be shown all of the lineup members again, even if the eyewitness makes an identification during this second showing; and(D) The eyewitness shall be allowed to review the folders only once after the initial viewing is complete.(8) "Lineup" means a live lineup or photo lineup of persons or photographs of persons matching as close as possible the eyewitness's description of the perpetrator.(9) "Live lineup" means a procedure in which a group of people is displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime.(10) "Photo lineup" means a procedure in which an array of photographs is displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime.(11) "Sequential presentation" means presenting live or photo lineup persons to the eyewitness one-by-one rather than all at once.(12) "Showup" means an identification procedure in which an eyewitness is presented with a single suspect for the purpose of determining whether the eyewitness identifies this individual as the perpetrator.
WV Code § 62-1E-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1E. Eyewitness Identification Act|§62-1E-3. Training of Law-Enforcement Officers

The Superintendent of State Police may create educational materials and conduct training programs to instruct law-enforcement officers and recruits how to conduct lineups in compliance with this section. Any West Virginia law-enforcement agency, as defined in section one, article twenty-nine, chapter thirty of this code, conducting eyewitness identification procedures shall adopt specific written procedures for conducting photo lineups, live lineups and showups that comply with this article on or before January 1, 2014.
WV Code § 62-1F-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1F. Electronic Interception of Person's Conduct or Oral Communications in Home by Law Enforcement|§62-1F-1. Definitions

(a) For the purposes of this article, the following terms have the following meanings:(1) "Body wire" means: (a) An audio and/or video recording device surreptitiously carried on or under the control of an investigative or law-enforcement officer or informant to simultaneously record a nonconsenting party's conduct or oral communications; or (2) radio equipment surreptitiously carried on or under the control of an investigative or law-enforcement officer or informant to simultaneously transmit a nonconsenting party's conduct or oral communications to recording equipment located elsewhere or to other law-enforcement officers monitoring the radio transmitting frequency.(2) "Home" means the residence of a nonconsenting party to an electronic interception, provided that access to the residence is not generally permitted to members of the public and the non-consenting party has a reasonable expectation of privacy in the residence under the circumstances.(3) "Informant" means a person acting in concert with and at the direction of a law-enforcement officer in the investigation of possible violations of the criminal laws of this state or the United States.(4) "Investigative or law-enforcement officer" means any officer empowered by law to conduct investigations of or to make arrests for criminal offenses enumerated in this code or an equivalent offense in another jurisdiction.(5) "Electronically intercept" or "electronic interception" mean the simultaneous recording with a body wire of a nonconsenting party's conduct or oral communications in his or her home by an investigative or law-enforcement officer or informant who is invited into the home and physically present with the nonconsenting party in the home at the time of the recording.(b) Words and phrases that are not defined in this article, but which are defined in article one-d of this chapter, shall have the same meanings established in article one-d unless otherwise noted.
WV Code § 62-1F-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1F. Electronic Interception of Person's Conduct or Oral Communications in Home by Law Enforcement|§62-1F-2. Electronic Interception of Conduct or Oral Communications in the Home Authorized

(a) Prior to engaging in electronic interception, as defined in section one of this article, an investigative or law-enforcement officer shall, in accordance with this article, first obtain from a magistrate or a judge of a circuit court within the county wherein the nonconsenting party's home is located an order authorizing said interception. The order shall be based upon an affidavit by the investigative or law-enforcement officer or an informant that establishes probable cause that the interception would provide evidence of the commission of a crime under the laws of this state or the United States. (b) The Legislature hereby requests the Supreme Court of Appeals to promptly undertake all necessary actions and promulgate any requisite rules to assure a magistrate or circuit judge is available after normal business hours to authorize warrants.
WV Code § 62-1F-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1F. Electronic Interception of Person's Conduct or Oral Communications in Home by Law Enforcement|§62-1F-5. Recording of Intercepted Communications

(a) If recorded, the contents of any conduct or oral communications electronically intercepted shall be recorded on tape or wire or other comparable device and done in such a way or ways as will protect the recording from editing or alterations thereto. (b) Whenever practicable, the investigative or law-enforcement officer overseeing the recording of an electronic interception shall keep a signed, written record of:(1) The date and hours of the surveillance;(2) The time and duration of each electronic interception; (3) The participants, if known, in each electronic interception; and(4) A summary of the content of each intercepted communication.(c) Immediately upon the expiration of the period of time during which interception and recording is authorized by the order, or extensions thereof, such recordings shall be made available, if requested, to the magistrate or judge issuing such order. Custody of the recordings shall be with the law-enforcement officer authorizing the application underlying the order. Such recordings may not be destroyed except upon an order of the magistrate or judge to whom application was made or a circuit judge presiding over any subsequent prosecution related to the electronic interception. The records shall be maintained by the magistrate court clerk or circuit clerk of the county where the application was filed. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsections (a) and (b), section nine, article one-d of this chapter for investigations by law-enforcement agencies.
WV Code § 62-1F-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1F. Electronic Interception of Person's Conduct or Oral Communications in Home by Law Enforcement|§62-1F-6. Sealing of Applications, Orders and Supporting Papers

Applications made and orders granted under this article shall be ordered sealed by the magistrate or judge of the circuit court to whom the application is made, and maintained under seal in the custody of the magistrate court clerk or the circuit clerk of the county in where the application was filed. The applications and orders are discoverable and may be disclosed only in accordance with the applicable provisions of this code and the rules of criminal procedure for the State of West Virginia, and may not be destroyed except upon order of such magistrate or judge, and in any event shall be kept for not less than ten years.
WV Code § 62-1F-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1F. Electronic Interception of Person's Conduct or Oral Communications in Home by Law Enforcement|§62-1F-7. Investigative Disclosure or Use of Contents of Wire, Electronic or Oral Communications or Derivative Evidence

(a) Any law-enforcement officer who has obtained knowledge of the contents of any electronic interception, or evidence derived therefrom, may disclose such contents or evidence to another law-enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.(b) Any law-enforcement officer who, by any means authorized by this article, has obtained knowledge of the contents of any electronic interception or any evidence derived therefrom may use such contents or evidence to the extent such use is appropriate to the proper performance of his or her official duties.(c) Any person who by any means authorized by this article, has obtained knowledge of the contents of any electronic interception or evidence derived therefrom, may disclose such contents or evidence to a law-enforcement officer and may disclose such contents or evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of this state or of another state or of the United States or before any state or Federal grand jury or investigating grand jury.
WV Code § 62-1F-8 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1F. Electronic Interception of Person's Conduct or Oral Communications in Home by Law Enforcement|§62-1F-8. Interception of Communications Relating to Other Offenses

When a law-enforcement officer, while engaged in court authorized electronic interception in the manner authorized herein, intercepts communications relating to offenses other than those specified in the order of authorization, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in section seven. Such contents and evidence may be disclosed in testimony under oath or affirmation in any criminal proceeding in any court of this state or of another state or of the United States or before any state or Federal grand jury when authorized by a judge who finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this article. Such application shall be made as soon as practicable.
WV Code § 62-1F-9 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1F. Electronic Interception of Person's Conduct or Oral Communications in Home by Law Enforcement|§62-1F-9. Retroactive Authorization

Notwithstanding any other provision of this article, when (1) a situation exists with respect to engaging in electronic interception before an order authorizing such interception can with due diligence be obtained; (2) the factual basis for issuance of an order under this article exists; and (3) it is determined that exigent circumstances exist which prevent the submission of an application under section three of this article, conduct or oral communications in the person's home may be electronically intercepted on an emergency basis if an application submitted in accordance with section three of this article is made to a magistrate or judge of the circuit within the county wherein the person's home is located as soon as practicable, but not more than three business days after the aforementioned determination. If granted, the order shall recite the exigent circumstances present and be retroactive to the time of such determination. In the absence of an order approving such electronic interception, the interception shall immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earliest.
WV Code § 62-1G-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 1G. Subpoena Powers for Aid of Criminal Investigation Relating to Certain Offenses Against Minors|§62-1G-1. Declaration of Necessity

It is declared, as a matter of legislative determination, that it is necessary to grant subpoena powers in aid of criminal investigations of certain crimes against minors involving electronic communications systems or services or remote computing services.
WV Code § 62-2-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 2. Presentments and Indictments|§62-2-1. Prosecutions to Be by Presentment or Indictment

Prosecutions for offenses against the state, unless otherwise provided, shall be by presentment or indictment. The trial of a person on a charge of felony shall always be by indictment; and indictment may be found in the first instance, whether the accused has been examined or committed by a justice or not.