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    Jamian Simmons
    Participant

    I’m working on an order for Identifying Physical Characteristics under 29-3301 et seq. In the affidavit we have to state that the subject has refused, or we have reason to believe the subject will refuse to provide a voluntary sample.

    It sticks in my mind that when I dealt with this issue a few years back, I stumbled across a statute that stated some kind of written notice had to be given to a subject when you approach him/her about whether they will provide a voluntary sample. (as I recall the notice had to basically inform them they had a right to refuse and stuff like that)
    For the life of me, I can’t find that statute now. Anyone out there aware of it or know where I can find it? It does not appear in 29-3301 – 29-3307.

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