810.6  Basis for order.

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.

Section History: Early form

  [81 Acts, ch 206, § 5]


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