North Carolina General Statutes 7B-2105. Grounds for nontestimonial identification order
(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;
Terms Used In North Carolina General Statutes 7B-2105
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- nontestimonial identification: means identification by fingerprints, palm prints, footprints, measurements, blood specimens, urine specimens, saliva samples, hair samples, or other reasonable physical examination, handwriting exemplars, voice samples, photographs, and lineups or similar identification procedures requiring the presence of a juvenile. See North Carolina General Statutes 7B-2103
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(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.)