The Constitution is not a relic of the past—it is our living guarantee of freedom. The 4th Amendment protects every American from unwarranted government intrusion, ensuring our right to privacy and setting strict standards of probable cause for searches and seizures.
Yet, in Marion County, we are witnessing a dangerous assault on these very principles.
Marion County is moving forward with a program with Rank One Computing, that employs real-time surveillance technologies—facial recognition, “gun” detection, drones, and license plate readers—without the requisite judicial oversight of a warrant.
Disturbingly, this technology is being used not only to identify potential criminals but also to track every citizen, monitoring whether individuals are bearing arms. This “gun” detection capability directly undermines the 2nd Amendment and places law-abiding gun owners under unwarranted scrutiny.
Moreover, the First Amendment guarantees our right to protest and speak out—but the pervasive use of facial recognition could have a chilling effect, deterring citizens from exercising these fundamental rights out of fear of being constantly documented.
The Fourth Amendment is being stretched to its breaking point.
Faulty facial recognition technology has already led to wrongful searches and arrests. The criminal justice system can really trap people into false arrests, false identification.
You have to prove that you’re innocent because a computer said that you’re guilty.
That guts our due process clause that dates back over 800 years to the signing of the magna carta!
Consider the harrowing case of a 61-year-old California man who was falsely identified as a suspect in a Texas robbery at a Sunglass Hut. Arrested under mistaken identity—and was gang raped while in custody—his case underscores the devastating impact of relying on error-prone technology.
In this alarming incident, using artificial intelligence and facial recognition software to misidentify Harvey Murphy Jr. as a suspect, the security footage, compared to outdated mugshots from the 1980s, led to wrongful allegations even though Murphy was 2,000 miles away at the time of the robbery.
Though the charges were eventually dropped, the damage inflicted on his life is undeniable.
Similarly, Porcha Woodruff, eight months pregnant and a hardworking aesthetician and nursing student, was wrongly arrested for carjacking in Detroit after flawed facial recognition technology erroneously linked her image to that of a suspect. Subjected to 11 grueling hours of detention before the case was dismissed, her ordeal is a stark reminder of the dangers posed by these invasive technologies.
In response to these unconstitutional overreaches, Senator Chris Rose and I have introduced the Fourth Amendment Restoration Act, which now proudly counts many sponsors in both the West Virginia House of Delegates and the State Senate.
This Act is a vital step in stopping the government from using these technologies to violate our constitutional rights and prohibits any use of these technologies without a warrant. We must not allow our state to follow the unfortunate path already taken by others—this is our moment to lead by example.
Our bill addresses these violations head-on by:
- Prohibiting warrantless surveillance technologies, including facial recognition, “gun” detection, drones, and license plate readers.
- Banning the implementation of digital identity systems in West Virginia.
- Halting existing unconstitutional programs immediately at all levels of government.
- Imposing strict penalties for violations, including felony charges and significant civil penalties.
- Empowering citizens to seek damages in court if their privacy rights are violated.
As we say, “Mountaineers are Always Free.”
We have a moral and constitutional obligation to stop this expansion of surveillance and ensure that our rights to privacy and self-defense are preserved for future generations. It is time to reaffirm that the Constitution is not negotiable.
I call on my fellow legislators and all West Virginians to join me in protecting our freedoms. Let us stand united against the encroachment of government overreach and safeguard the rights that define our great State and Republic.
Delegate S. Chris Anders represents the 97th District in the West Virginia House of Delegates. He is a strong advocate for constitutional rights and individual liberties.
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