What must an affidavit show for a nontestimonial identification order?

Prepare for the North Carolina BLET Arrest, Search, and Seizure Test. Use flashcards and multiple choice questions with hints and explanations. Ace your exam now!

For a nontestimonial identification order, an affidavit must satisfy multiple criteria to ensure that the request is justifiable and legally sound. Each of these elements contributes to the legal framework that protects individuals' rights while allowing law enforcement to gather pertinent information in investigations.

First, establishing probable cause is crucial; this means that law enforcement must demonstrate that there is a reasonable basis to believe a felony or a Class A1 or Class 1 misdemeanor has occurred and that the individual in question is connected to this crime.

Additionally, there must be reasonable grounds to suspect that the named person committed the offense. This standard requires more than mere speculation; it entails a level of factual basis that provides a clear connection between the suspect and the offense envisioned.

Finally, the affidavit must indicate that the identification procedure will materially aid in determining guilt. This ensures that the request for identification is not only relevant but also likely to yield evidence that will have a meaningful impact on the investigation and possible prosecution of the case.

Because all these components are essential, the correct answer encompasses each of these aspects, leading to the conclusion that all must be satisfied for a nontestimonial identification order to be valid and effective.

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