NC BLET ARREST, SEARCH AND SEIZURE
What is nontestimonial evidence? - ANSWERS-Fingerprints, palm prints, footprints
Dental characteristics, tooth impressions
Hair samples, Urine specimens, saliva samples
Handwriting and voice samples
Photographs, measurements, and skin characteristics
Line-ups
Or similar identification procedures requiring the presence of a suspect
When can the nontestimonial identification order be requested? - ANSWERS-Prior
to arrest
After arrest
Prior to trial
The nontestimonial identification order cannot be requested if the suspect is in
custody. T or F - ANSWERS-True
Who can issue a nontestimonial order? - ANSWERS-Any judge can issue a
nontestimonial order
,A magistrate or clerk can issue a nontestimonial order. T or F - ANSWERS-False- A
magistrate or clerk cannot issue a nontestimonial identification order
Sufficiency of the Affidavit
Affidavit must show all three of the following - ANSWERS-Probable cause to
believe a felony offense or a Class A1 or Class 1 Misdemeanor has been
committed
Reasonable grounds to suspect that the person named or described in the
affidavit committed the offense
Results of the specific nontestimonial identification procedures will materially aid
in determining whether the person named in the affidavit committed the offense.
The 72 Hour Rule - ANSWERS-A nontestimonial identification order must be
served at least 72 hours before the time designated for the nontestimonial
identification procedure to be conducted
Request for modification of the 72 Hour Rule - ANSWERS-If the nature of the
evidence makes it likely that the delay will adversely affect its probative value, or
when it appears likely that the person named in the order may destroy, alter, or
modify the evidence or may not appear, the prosecutor may request modification
of the 72 hour notice requirement.
The Rights to Counsel - ANSWERS-The right to an attorney is a statutory right,
unless the Sixth Amendment right to counsel has attached by appearance before
a magistrate, indictment, or first appearance.
,The Role of Counsel - ANSWERS-The role of counsel is to advise the client, not to
interfere with the procedure
The right to counsel can be waived
Who may conduct the nontestimonial identification procedure? - ANSWERS-Any
law Enforcement officer or other person designated by the judge issuing the order
A qualified member of the health profession must extract bodily fluids authorized
by a nontestimonial identification order
A person cannot be detained for a nontestimonial identification order for longer
than_________ hours unless arrested. - ANSWERS-6 Hours
Resisting a nontestimonial identification order - ANSWERS-A person who resists
compliance with the order MAY be held in contempt by the judge
A nontestimonial identification order may not be issued against a person
previously subjected to a nontestimonial identification order unless based on
different evidence which was not reasonably available when the previous order
was issued. T or F - ANSWERS-True
Return of the nontestimonial identification order - ANSWERS-Within 90 days the
order must be returned to the judge who issued it or a judge designated on the
order
The person must set forth an inventory of the products of the procedure
, A copy of any results from the nontestimonial procedure must be provided to the
suspect as soon as possible
Juvenile nontestimonial identification - ANSWERS-The EXCLUSIVE PROCEDURE for
obtaining nontestimonial evidence from a juvenile. CANNOT obtain
nontestimonial evidence without a court order from the supreme court
Three Sources of Law - ANSWERS-Constitutional Law
Statutory Law
Common Law
Constitutional Law - ANSWERS-The supreme law of the land. All other laws must
comply with the basic constitutional provisions.
Statutory Law - ANSWERS-Declares, commands, or Prohibits something.
The written will of the politically elected legislature.
Common Law - ANSWERS-Judge Made Law
Tradition based "Case Law"
Types of Law - ANSWERS-Substantive Law
Procedural Law
What is nontestimonial evidence? - ANSWERS-Fingerprints, palm prints, footprints
Dental characteristics, tooth impressions
Hair samples, Urine specimens, saliva samples
Handwriting and voice samples
Photographs, measurements, and skin characteristics
Line-ups
Or similar identification procedures requiring the presence of a suspect
When can the nontestimonial identification order be requested? - ANSWERS-Prior
to arrest
After arrest
Prior to trial
The nontestimonial identification order cannot be requested if the suspect is in
custody. T or F - ANSWERS-True
Who can issue a nontestimonial order? - ANSWERS-Any judge can issue a
nontestimonial order
,A magistrate or clerk can issue a nontestimonial order. T or F - ANSWERS-False- A
magistrate or clerk cannot issue a nontestimonial identification order
Sufficiency of the Affidavit
Affidavit must show all three of the following - ANSWERS-Probable cause to
believe a felony offense or a Class A1 or Class 1 Misdemeanor has been
committed
Reasonable grounds to suspect that the person named or described in the
affidavit committed the offense
Results of the specific nontestimonial identification procedures will materially aid
in determining whether the person named in the affidavit committed the offense.
The 72 Hour Rule - ANSWERS-A nontestimonial identification order must be
served at least 72 hours before the time designated for the nontestimonial
identification procedure to be conducted
Request for modification of the 72 Hour Rule - ANSWERS-If the nature of the
evidence makes it likely that the delay will adversely affect its probative value, or
when it appears likely that the person named in the order may destroy, alter, or
modify the evidence or may not appear, the prosecutor may request modification
of the 72 hour notice requirement.
The Rights to Counsel - ANSWERS-The right to an attorney is a statutory right,
unless the Sixth Amendment right to counsel has attached by appearance before
a magistrate, indictment, or first appearance.
,The Role of Counsel - ANSWERS-The role of counsel is to advise the client, not to
interfere with the procedure
The right to counsel can be waived
Who may conduct the nontestimonial identification procedure? - ANSWERS-Any
law Enforcement officer or other person designated by the judge issuing the order
A qualified member of the health profession must extract bodily fluids authorized
by a nontestimonial identification order
A person cannot be detained for a nontestimonial identification order for longer
than_________ hours unless arrested. - ANSWERS-6 Hours
Resisting a nontestimonial identification order - ANSWERS-A person who resists
compliance with the order MAY be held in contempt by the judge
A nontestimonial identification order may not be issued against a person
previously subjected to a nontestimonial identification order unless based on
different evidence which was not reasonably available when the previous order
was issued. T or F - ANSWERS-True
Return of the nontestimonial identification order - ANSWERS-Within 90 days the
order must be returned to the judge who issued it or a judge designated on the
order
The person must set forth an inventory of the products of the procedure
, A copy of any results from the nontestimonial procedure must be provided to the
suspect as soon as possible
Juvenile nontestimonial identification - ANSWERS-The EXCLUSIVE PROCEDURE for
obtaining nontestimonial evidence from a juvenile. CANNOT obtain
nontestimonial evidence without a court order from the supreme court
Three Sources of Law - ANSWERS-Constitutional Law
Statutory Law
Common Law
Constitutional Law - ANSWERS-The supreme law of the land. All other laws must
comply with the basic constitutional provisions.
Statutory Law - ANSWERS-Declares, commands, or Prohibits something.
The written will of the politically elected legislature.
Common Law - ANSWERS-Judge Made Law
Tradition based "Case Law"
Types of Law - ANSWERS-Substantive Law
Procedural Law
