State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2105

§ 7B‑2105.  Grounds fornontestimonial identification order.

(a)        Except as providedin subsection (b) of this section, a nontestimonial identification order mayissue only on affidavit or affidavits sworn to before the court andestablishing the following grounds for the order:

(1)        That there isprobable cause to believe that an offense has been committed that would be afelony if committed by an adult;

(2)        That there arereasonable grounds to suspect that the juvenile named or described in theaffidavit committed the offense; and

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

(b)        A nontestimonialidentification order to obtain a blood specimen from a juvenile may issue onlyon affidavit or affidavits sworn to before the court and establishing thefollowing grounds for the order:

(1)        That there isprobable cause to believe that an offense has been committed that would be afelony if committed by an adult;

(2)        That there isprobable cause to believe that the juvenile named or described in the affidavitcommitted the offense; and

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