The order may issue upon a showing by affidavit of a peace officer that (1) there is probable cause to believe that an offense has been committed; (2) there is probable cause to believe that the person subject to the order has committed the offense; (3) procurement of evidence of identifying physical characteristics through nontestimonial identification procedures from an identified or particularly described individual may contribute to the identification of the individual who committed such offense; and (4) the identified or described individual has refused, or there is reason to believe he or she will refuse, to voluntarily provide the desired evidence of identifying physical characteristics. The contents of the affidavit may be supplemented or augmented by the affidavits of other persons or by sworn testimony given to the issuing judge or magistrate.
Notes of Decisions
Cited in
7
cases, 1976–2019 · leading case:
State v. Evans, 338 N.W.2d 788 (Neb. 1983).
State v. Evans, 338 N.W.2d 788 (Neb. 1983).
· cites it 16× “§ 29-3303 (Reissue 1979) requires a showing of probable cause that a crime has been committed and that the person compelled to produce the nontestimonial evidence has committed that crime before an order requiring one to give fingerprints may issue, I cannot agree that the…”
State v. McKinney, 730 N.W.2d 74 (Neb. Ct. App. 2007).
· cites it 4× “*352 On June 9, 1998, the State obtained an order under § 29-3303 to collect evidence identifying McKinney’s physical characteristics, including blood, hair, and buccal swab samples.”
State v. Weathers, 935 N.W.2d 185 (Neb. 2019).
· cites it 2× “WEATHERS repeated its determination that there was no evidence that the 2014 investigative DNA sample “was ever submitted to be tested against the DNA collected from the 2002-2004 sexual assaults or put into [the state DNA database].”
State v. Tyma, 651 N.W.2d 582 (Neb. 2002).
· cites it 3× “” After conducting an evidentiary hearing, the district court entered an order suppressing the handwriting sample as violative of Neb. Rev. Stat. § 29-3303 (3) (Reissue 1995), which provides that in order to obtain a warrant for evidence of “identifying physical…”
State v. Swayze, 247 N.W.2d 440 (Neb. 1976).
· cites it 2× “Section 29-3303, R. R. S. 1943, provides in part that: “The order may issue upon a showing by affidavit of a peace officer that (1) there is probable cause to believe that an offense has been committed; (2) that procurement of evidence of identifying physical characteristics…”
State v. McCurry, 424 N.W.2d 364 (Neb. 1988).
“In particular, § 29-3303 prescribes the contents of a peace officer’s affidavit necessary for issuance of the court order under the Identifying Physical Characteristics Act, including a required showing of probable cause.”
Neb. Rev. Stat. § 29-3303(3): 1 case
State v. Tyma, 651 N.W.2d 582 (Neb. 2002).
“” After conducting an evidentiary hearing, the district court entered an order suppressing the handwriting sample as violative of Neb. Rev. Stat. § 29-3303 (3) (Reissue 1995), which provides that in order to obtain a warrant for evidence of “identifying physical…”
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