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;
(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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 21 - Law Enforcement Procedures in Delinquency Proceedings.
§ 7B-2100 - Role of the law enforcement officer.
§ 7B-2101 - Interrogation procedures.
§ 7B-2102 - Fingerprinting and photographing juveniles.
§ 7B-2104 - Time of application for nontestimonial identification order.
§ 7B-2105 - Grounds for nontestimonial identification order.
§ 7B-2106 - Issuance of order.
§ 7B-2107 - Nontestimonial identification order at request of juvenile.
§ 7B-2108 - Destruction of records resulting from nontestimonial identification procedures.