§ 29-3301 — Terms, defined

Nebraska § 29-3301

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

As used in sections 29-3301 to 29-3307 , the terms identifying physical characteristics or identification procedures shall include but not be limited to fingerprints, palm prints, footprints, measurements, handwriting exemplars, lineups, hand printing, voice samples, blood samples, urine samples, saliva samples, hair samples, comparative personal appearance, and photographs of an individual.

Legislative History

Source: Laws 1971, LB 568, § 1. Annotations: The identifying physical characteristics statutes require a showing of probable cause to believe the person seized has engaged in an articulable criminal offense before the judicial officer can issue an order to produce identifying physical characteristics. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003). When determining whether an order to produce identifying physical characteristics was based on a showing of probable cause, a court considers the totality of the circumstances. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003). Sections 29-3301 to 29-3307 do not violate privilege against self-incrimination, are constitutional, and apply to physical evidence, not to oral communications or testimony. State v. Swayze, 197 Neb. 149, 247 N.W.2d 440 (1976).