What is required to issue a nontestimonial identification order for obtaining a blood specimen?

Study for the NC BLET Juvenile Law Exam. Use multiple choice questions and flashcards with hints and explanations. Prepare thoroughly for the exam and enhance your knowledge!

To issue a nontestimonial identification order for obtaining a blood specimen, it is necessary to have affidavits that establish probable cause indicating that a felony has been committed. This means there must be enough information in the affidavits to suggest that a specific crime has likely occurred, which justifies the need for obtaining evidence through a blood specimen from a juvenile.

The requirement for probable cause is a fundamental principle in the legal system, ensuring that individuals' rights are protected and that invasive actions, such as drawing blood, are not taken lightly. The law mandates that law enforcement must demonstrate a reasonable basis to believe that the juvenile is involved in the commission of a felony before they can proceed with such identification measures. This approach balances the need to gather evidence with the rights of the juvenile, who is afforded protections under juvenile law.

The other options do not meet the legal requirement for issuing such an order. For instance, affidavits showing no probable cause would inherently lack the necessary foundation to justify the order, and testimony from eyewitnesses alone does not equate to the needed legal threshold of probable cause for a felony. Additionally, while obtaining approval from a juvenile's parent or guardian is typically important in juvenile cases, it does not substitute for the

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy