Is Probable Cause Required for Searches Under § 29-3304 of the IPCS?
The Court said the DNA collection under the Identifying Physical Characteristics Statutes (IPCS), Nebraska Revised Statutes §§ 29-3301- 29-3307, is unquestionably a search and seizure for Fourth Amendment purposes. The Fourth Amendment prohibits seizure of nontestimonial identification evidence under the IPCS unless police have probable cause to believe that the person seized and compelled to provide physical characteristics evidence committed the crime under investigation. In State v. Evans, 215 Neb. 433, 338 N.W.2d 788 (1983) the Court addressed the validity of § 29-3303 of the IPCS, which allows the collection of evidence identifying a person’s physical characteristics upon the issuance of an order. An older version of the IPCS, § 29-3303 required only probable cause that a crime had been committed. In Evans, the Court read into the act the additional requirement that probable cause must exist to believe that the person being compelled to submit to the order committed the crime unde
