Who may typically apply for a non-testimonial identification order to obtain a suspect's fingerprints?

• A. The District Attorney or Assistant District Attorney
• B. The Judge
• C. The Police Chief
• D. The Defense Attorney

Answer: (A)

Non-testimonial identification orders are court-directed tools used to compel a suspect to provide identifying physical data, like fingerprints, without eliciting a testimonial statement. The authority to initiate this process rests with the prosecutor’s office, typically the District Attorney or an Assistant District Attorney, who files the application with a judge and presents the supporting facts and probable cause. The judge then decides whether the order should be issued. The role of the defense attorney is to respond or challenge the request, not to file it, and while the police may gather information and support the request, they do not alone have the authority to initiate the NTIO. So the best answer reflects who usually starts the process on behalf of the state.