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WEST VIRGINIA RECORD

Saturday, April 20, 2024

Comparing the Constitutions

Constitutions of the United States and West Virginia offer similar protections from unreasonable searches and seizures.

The Fourth Amendment to the U. S. Constitution states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The sixth section of the third article of the West Virginia Constitution states: "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."

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