29-3302. Orders authorizing identification procedures; who may issue.
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/ne/chapter-29/29-3302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Judges and magistrates may issue orders authorizing identification procedures for the purpose of obtaining identifying physical characteristics in accordance with the procedures specified in sections 29-3301 to 29-3307 . An order may be issued by any judge of the district court, Court of Appeals, or Supreme Court for service and execution anywhere within the State of Nebraska. An order may also be issued by any judge of the county court or other magistrate for service within the county of issuance.
The identifying physical characteristics statutes require a showing of probable cause to believe the person seized has engaged in an articulable criminal offense before the judicial officer can issue an order to produce identifying physical characteristics. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
When determining whether an order to produce identifying physical characteristics was based on a showing of probable cause, a court considers the totality of the circumstances. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
Sections 29-3301 to 29-3307 do not violate privilege against self-incrimination, are constitutional, and apply to physical evidence, not to oral communications or testimony. State v. Swayze, 197 Neb. 149, 247 N.W.2d 440 (1976).