§ 15A-279. Implementation of order. - North Carolina Statutes

§ 15A‑279. Implementation of order.

(a)        Nontestimonialidentification procedures may be conducted by any law‑enforcement officeror other person designated by the judge issuing the order. The extraction ofany bodily fluid must be conducted by a qualified member of the healthprofessions and the judge may require medical supervision for any other testordered pursuant to this Article when he considers such supervision necessary.

(b)        In conductingauthorized identification procedures, no unreasonable or unnecessary force maybe used.

(c)        No person whoappears under an order of appearance issued under this Article may be detainedlonger than is reasonably necessary to conduct the specified nontestimonialidentification procedures, and in no event for longer than six hours, unless heis arrested for an offense.

(d)        Any such person isentitled to have counsel present and must be advised prior to being subjectedto any nontestimonial identification procedures of his right to have counselpresent during any nontestimonial identification procedure and to theappointment of counsel if he cannot afford to retain counsel. Appointment ofcounsel shall be in accordance with rules adopted by the Office of IndigentDefense Services. No statement made during nontestimonial identificationprocedures by the subject of the procedures shall be admissible in any criminalproceeding against him, unless his counsel was present at the time thestatement was made.

(e)        Any person whoresists compliance with the authorized nontestimonial identification proceduresmay be held in contempt of the court which issued the order pursuant to theprovisions of G.S. 5A‑12(a) and G.S. 5A‑21(b).

(f)         A nontestimonialidentification order may not be issued against a person previously subject to anontestimonial identification order unless it is based on different evidencewhich was not reasonably available when the previous order was issued.

(g)        Resistingcompliance with a nontestimonial identification order is not itself grounds forfinding probable cause to arrest the suspect, but it may be considered withother evidence in making the determination whether probable cause exists. (1973, c. 1286, s. 1; 1977,c. 711, s. 20; 2000‑144, s. 28.)