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.
Structure West Virginia Code
Chapter 62. Criminal Procedure
Article 1A. Search and Seizure
§62-1A-1. Search Warrant -- Who May Issue
§62-1A-2. Same — Grounds for Issuance; Property Defined
§62-1A-3. Same -- Issuance and Contents
§62-1A-4. Same -- Execution and Return With Inventory
§62-1A-5. Breaking and Entering Premises
§62-1A-6. Motion for Return of Property and to Suppress Evidence
§62-1A-7. Disposition of Seized Property
§62-1A-10. Motor Vehicle Searches
§62-1A-11. Rules for Certain Evidence of Consent to Vehicle Search