North Carolina General Statutes 15A-278. Contents of order
An order to appear must be signed by the judge and must state:
(1) That the presence of the person named or described in the affidavit is required for the purpose of permitting nontestimonial identification procedures in order to aid in the investigation of the offense specified therein;
Terms Used In North Carolina General Statutes 15A-278
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- nontestimonial identification: means identification by fingerprints, palm prints, footprints, measurements, blood specimens, urine specimens, saliva samples, hair samples, or other reasonable physical examination, handwriting exemplars, voice samples, photographs, and lineups or similar identification procedures requiring the presence of a suspect. See North Carolina General Statutes 15A-271
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) The time and place of the required appearance;
(3) The nontestimonial identification procedures to be conducted, the methods to be used, and the approximate length of time such procedures will require;
(4) The grounds to suspect that the person named or described in the affidavit committed the offense specified therein;
(5) That the person is entitled to be represented by counsel at the procedure, and to the appointment of counsel if he cannot afford to retain one;
(6) That the person will not be subjected to any interrogation or asked to make any statement during the period of his appearance except that required for voice identification;
(7) That the person may request the judge to make a reasonable modification of the order with respect to time and place of appearance, including a request to have any nontestimonial identification procedure other than a lineup conducted at his place of residence; and
(8) That the person, if he fails to appear, may be held in contempt of court. (1973, c. 1286, s. 1.)