State v. Pearson

Judge BIGGS

dissents.

I respectfully dissent for several reasons.

First, the application for the nontestimonial identification order was facially inadequate, in that it did not establish reasonable grounds to suspect that this defendant had committed the subject *521offenses. Special Agent Suttle with the SBI sought a nontestimonial identification order on 28 March 1986. The application presented information about two sexual assaults reported in November, 1985, and in February, 1986. The affidavit in support of the application set forth the following regarding reasonable grounds to suspect that the…