§ 7B-2105. Grounds for nontestimonial identification order.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as provided in subsection

(b)of this section, a nontestimonial identification order may issue only on affidavit or affidavits sworn to before the court and establishing the following grounds for the order:

(1)That there is probable cause to believe that an offense has been committed that would be a felony if committed by an adult;

(2)That there are reasonable grounds to suspect that the juvenile named or described in the affidavit committed the offense; and

(3)That the results of specific nontestimonial identification procedures will be of material aid in determining whether the juvenile named in the affidavit committed the offense.

(b)A nontestimonial identification order to obtain a blood specimen from a juvenile may issue only on affidavit or affidavits sworn to before the court and establishing the following grounds for the order:

(1)That there is probable cause to believe that an offense has been committed that would be a felony if committed by an adult;

(2)That there is probable cause to believe that the juvenile named or described in the affidavit committed the offense; and

(3)That there is probable cause to believe that obtaining a blood specimen from the juvenile will be of material aid in determining whether the juvenile named in the affidavit committed the offense. (1979, c. 815, s. 1; 1997-80, s. 11; 1998-202, s. 6.)