Criminal Law--West Virginia Riot Law
![handle is hein.journals/wvb72 and id is 105 raw text is:
LEGISLATIVE COMMENTS
Criminal Law - West Virginia Riot Law
During 1968 America's cities and college campuses were the
scene of many violent demonstrations and riots. State legislatures
throughout the country, prompted by these occurrences, began
reappraising and modifying existing riot control laws. One such
riot control law to come under scrutiny was that of West Virginia,
which was amended at the regular session of the 1969 West Virginia
Legislature.2 The West Virginia Riot Act, as amended, changes the
responsibility for the determination and control of riots from what
had been essentially a judicial function to one which is now a
police function. That it, it places the burden on the state police,
the sheriffs, and the city mayors, rather than on judges and justices
of the peace as had the prior law. In addition, the Legislature at-
tempted to give law enforcement officials the speciffic authority
necessary to control group violence. It gave them the power to
enforce curfews, prohibit the sale of liquor, beer, firearms, and
dangerous explosives, and to search without a warrant when in
fresh pursuit of a sniper or when there is reason to believe guns
or other dangerous articles are on the premises and will be removed
before a search warrant can be obtained. A general power was given
whereby officials may take all actions which are necessary and
reasonable under the emergency to restore law and order.3
'E.g, VA. CODE ANN. § § 18.1-254.01 to 254.12 (Supp. 1968). 21 OK.A. STAT.
ANN. § 1320.1-1320.9 (Supp. 1969).
'W.VA. Acts, 1969, c. 37, 6; W. VA. CoDE, ch. 61, art. 6, § 1-5 (Michie Supp.
1969), amending W. Va. Code ch. 61, art. 6, §§ 1-5 (Michie 1966).
'W. VA. CODE ch. 61, art. 6; § 1 a (Michie Supp. 1969).
Members of the department of public safety, sheriffs, and mayors,
and those acting under their order, may, when engaged in suppressing
a riot, rout, or unlawful assemblage, cordon off any area or areas
threatened by such riot, rout, or unlawful assemblage and may take all
actions which are necessary and reasonable under the emergency to restore
law and order, and such actions may be, but are not limited to, the
following:
(a) Prohibit the sale, dispensing, furnishing or transportation of
firearms or other dangerous weapons, ammunition, dynamite or other
dangerous explosives in, to, or from such areas.
(b) Prohibit the sale, offering for sale, dispensing, furnishing or
consumption of alcoholic beverages or nonintoxicating beer in a public
place in such areas, and prohibit the transportation of alcoholic beverages
or nonintoxicating beer in, to, or from such areas.
(c) Impose curfews, as required, to control movement of persons in,
to, and from such areas.
(d) Enter a private dwelling or other building or other private
place in such areas when in fresh pursuit of a rioter, when in search
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1970]](ViewImageLocal?handle=hein.journals/wvb72&div=15&collection=&method=preview&ext=.png&size=3)
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Criminal Law--West Virginia Riot Law
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