Pubdate: Wed, 12 Sep 2007
Source: State Journal, The (WV)
Copyright: 2007 The State Journal
Contact:  http://www.statejournal.com/
Details: http://www.mapinc.org/media/2745
Author: J. Turchetta

NEW LEGISLATION MEANS RESTRICTIONS FOR LAW ENFORCEMENT

Agencies Must Not Obtain A Warrant Before Putting A Wire On An Informant.

BUCKHANNON -- The State Supreme Court earlier this year ruled that 
law enforcement agencies would have to obtain a warrant before 
placing a wire on informants.

After a recent special legislative session, Governor Joe Manchin 
signed a bill that eased some of those restrictions but it is still 
keeping many departments hand-cuffed when it comes to surveillance.

When the court made its ruling, it said that if you wanted to place a 
wire on an informant and send him into a suspect's home, you first 
had to get a warrant to do so. But only five circuit court judges in 
the state were authorized to grant those warrants.

The bill signed by the Governor allows any circuit judge or 
magistrate to sign those warrants. But many departments, including 
the Upshur County Sheriff's Department, said it still is a major road block.

If a department has a tip that a drug deal is going down, they would 
first have to get their warrant approved before allowing their 
informant to enter into a buy.

That takes time, something that law enforcement agencies say they do 
not have when it comes to drug deals.

Upshur County Sheriff Virgil Miller is very unhappy with both 
decisions. Miller said his department will follow the law and take 
the necessary steps to obtain their surveillance warrants.
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