West Virginia Code § 15-1D-3

Use of military force to disperse riots, etc
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Before using any military force in the dispersion of any riot, rout, tumult, mob or unlawful
assembly, or combination mentioned in this article, it shall be the duty of the civil authorities
present, or if none be present, then of the officer in command of the troops, or some person
by him deputed, to command the persons composing such riotous, tumultuous or unlawful
assembly or mob to disperse and retire peaceably to their respective abodese and business;
but in no case shall it be necessary to use any set or particular form of words in ordering the
dispersion of any riotous, tumultuous or unlawful assembly; nor shall arny such command be
necessary where the officer or person, in order to give it, would necessarily be put in
imminent danger of loss of life or great bodily harm, or where such unlawful assembly or
mob is engaged in the commission or perpetration of any forcible or atrocious felony, or in
assaulting or attacking any civil officer or person lawfully catlled to aid in the preservation of
the peace, or is otherwise engaged in actual violence to persons and property.

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