An order authorized by this chapter shall be issued only if the court finds that the application and the affidavit or affidavits in support of the application establish each of the following:
1. That there is probable cause to believe that a felony described in the application has been committed.
2. That there are reasonable grounds to suspect that the person named or described in the application committed the felony and it is reasonable in view of the seriousness of the offense to subject that person to the requested nontestimonial identification procedures.
3. That the results of the requested nontestimonial identification procedures will be of material aid in determining whether the person named or described in the application committed the felony.
4. That such evidence cannot practicably be obtained from other sources. [81 Acts, ch 206, §5] \n
Notes of Decisions
Bousman v. Iowa Dist. Court for Clinton Cnty., 630 N.W.2d 789 (Iowa 2001).
· cites it 30× “Before we decide whether the Fourth Amendment requires probable cause under the circumstances before us, we address Bousman's argument that chapter 810 itself requires that the order be based on probable cause.”
State v. Enderle, 745 N.W.2d 438 (Iowa 2007).
· cites it 2× “However, his fingerprints could have been obtained, and ultimately were obtained, under a nontesti-monial identification application under Iowa Code section 810.6. We conclude that Enderle was not prejudiced by his furnishing of fingerprint exemplars or statements about his…”
State v. Longstreet, 407 N.W.2d 591 (Iowa 1987).
· cites it 2× “Upon being presented with an application for a nontes-timonial order, a district court is to consider the factors specified in Iowa Code section 810.6: 1. That there is probable cause to believe that a felony described in the application has been committed.”
State Of Iowa Vs. Chad Lavern Enderle (Iowa 2007).
· cites it 2× “However, his fingerprints could have been obtained, and ultimately were obtained, under a nontestimonial identification application under Iowa Code section 810.6. We conclude that Enderle was not prejudiced by his furnishing of fingerprint examplars or statements about his being…”
— Iowa Code § 810.6(2) — 1 case
Bousman v. Iowa Dist. Court for Clinton Cnty., 630 N.W.2d 789 (Iowa 2001).
“Before we decide whether the Fourth Amendment requires probable cause under the circumstances before us, we address Bousman's argument that chapter 810 itself requires that the order be based on probable cause.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.