2005 Idaho Code - 19-625 — DETENTION FOR OBTAINING EVIDENCE OF IDENTIFYING PHYSICAL CHARACTERISTICS

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 6
                         ARREST, BY WHOM AND HOW MADE
    19-625.  DETENTION FOR OBTAINING EVIDENCE OF IDENTIFYING PHYSICAL
CHARACTERISTICS. (1) A peace officer who is engaged, within the scope of his
authority, in the investigation of an alleged criminal offense which is a
felony may make written application upon oath or affirmation to a judge of any
district court, or magistrates division thereof, for an order authorizing the
temporary detention, for the purpose of obtaining evidence of identifying
physical characteristics, of an identified or particularly described
individual residing in or found in the  jurisdiction over which the judicial
officer presides. The order shall require the presence of the identified or
particularly described individual at such time and place as the court shall
direct for obtaining the identifying physical characteristic evidence. Such
order may be issued by the judicial officer upon a showing under oath of all
the following:
    (A)  Probable cause for belief that a specifically described criminal
    offense which is a felony has been committed.
    (B)  Reasonable grounds exist, which may or may not amount to probable
    cause, to believe that the identified or particularly described individual
    committed the criminal offense.
    (C)  Procurement of evidence of identifying physical characteristics from
    the identified or particularly described individual may contribute to the
    identification of the individual who committed such offense.
    (D)  Such evidence cannot otherwise be obtained by the investigating
    officer.
    (2)  Any order issued pursuant to the provisions of this section shall
specify the following:
    (A)  The alleged criminal offense which is the subject of the application.
    (B)  The specific type of identifying physical characteristic evidence
    which is sought.
    (C)  The relevance of such evidence to the particular investigation.
    (D)  The identity or description of the individual who may be detained for
    obtaining such evidence.
    (E)  The name and official status of the investigative officer authorized
    to effectuate such detention and obtain such evidence.
    (F)  The place at which the obtaining of such evidence shall be
    effectuated.
    (G)  The time that such evidence shall be taken except that no person may
    be detained for a period of more than three (3) hours for the purpose of
    taking such evidence.
    (H)  That the individual so identified or described shall have the right
    to legal counsel during the detention when such evidence is obtained and
    if he is unable to afford private counsel an attorney shall be provided at
    public expense as provided by section 19-852, Idaho Code.
    (I)  That the individual will be under no legal obligation to submit to
    any interrogation or to make any statement during the period of his
    appearance unless sound of voice identification is required.
    (J)  The period of time, not exceeding ten (10) days, during which the
    order shall continue in force and effect. If the order is not executed
    within ten (10) days, a new order may be issued, pursuant to the
    provisions of this section.
    (3)  The order issued pursuant to this section shall be returned to the
court not later than fifteen (15) days after its date of issuance and shall be
accompanied by a sworn statement indicating how and when the evidence was
taken and the type of evidence taken. The court shall give to the person from
whom such evidence was taken a copy of the order and a copy of the sworn
statement indicating what type of evidence was taken, if any.
    (4)  For the purposes of this section, "identifying physical
characteristics" shall mean the fingerprints, palm prints, footprints,
measurements, handwriting, handprinting, sound of voice, blood samples, urine
samples, saliva samples, hair samples, comparative personal appearance, or
photographs of an individual.