At a stop, the sections this page reads say, in short:
- Every licensee has the license in immediate possession while driving, and displays it on a peace officer's demand.
- No one is convicted of not having it who produces a license valid at the time in court or at the arresting officer's office.
- The certificate of insurance or other proof is carried in the vehicle as proof of security.
- An officer may not stop a vehicle solely to ask about the certificate of insurance.
The Fourth Amendment sets limits on every stop, and the Supreme Court of the United States has drawn several of them. It has held that a stop is reasonable where the officer has probable cause to believe a traffic violation occurred, whatever the officer's actual motive; that an officer making a lawful stop may order the driver, and the passengers, out of the vehicle; that a passenger is seized by the stop and may challenge it; and that a stop may last no longer than its purpose requires, so it may not be extended for a dog sniff without separate reasonable suspicion. It has also held that consent to a search has to be voluntary, judged on all the circumstances, and that the prosecution does not have to prove the person knew they could refuse. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
A search of the vehicle on a traffic stop has its own rules on consent. Whether a particular stop was lawful is a question for a licensed West Virginia attorney.
Sources for this section (9)
- W. Va. Code § 17B-2-9 — License to be carried and exhibited on demand; penalty
- W. Va. Code § 17D-2A-4 — Certificate of insurance
- W. Va. Code § 17D-2A-6 — Investigation by law-enforcement officer to include inquiry regarding required security
- Whren v. United States, 517 U.S. 806 (1996) — A traffic stop is reasonable when there is probable cause of a traffic violation
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) — An officer may order the driver out of a lawfully stopped car
- Maryland v. Wilson, 519 U.S. 408 (1997) — An officer may order passengers out of a lawfully stopped car
- Brendlin v. California, 551 U.S. 249 (2007) — A passenger is seized by a traffic stop and may challenge it
- Rodriguez v. United States, 575 U.S. 348 (2015) — A stop may not be extended beyond its purpose to run a dog sniff
- Schneckloth v. Bustamonte, 412 U.S. 218 (1973) — Consent to a search must be voluntary
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.
