4.5

• Jurisdiction: Arizona

§ 4.5 Obtaining A Person’s Physical Characteristics

Court orders to obtain a person’s physical characteristics do not violate the Fourth Amendment. See United States v. Mara, 410 U.S. 19, 20, 22 (1973) (The Court approved the district court’s order granting the government’s petition seeking to “compel Mara to furnish the handwriting and printing exemplars to the grand jury” after he refused. The Court stated: “The specific and narrowly drawn directive requiring the witness to furnish a specimen of his handwriting violated no legitimate Fourth Amendment interest.”).

In Arizona, “[i]ssuance of warrants to obtain identifying physical characteristics is governed by A.R.S. § 13-3905, which requires a showing of the following factors: (1) reasonable cause for believing a felony has been committed, (2) evidence of identifying characteristics from an individual that may contribute to identifying the perpetrator, and (3) evidence that cannot otherwise be obtained by the investigating officer.”...