Who typically applies 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 investigative tools that prosecutors use to obtain physical identifiers like fingerprints. The person who applies for this order is the prosecutor—typically the District Attorney or an Assistant District Attorney—because it is a prosecutorial action requiring showing of facts and probable cause to a judge or magistrate. The judge then reviews the application and, if the criteria are met, issues the order. A police chief may be involved in the investigation, but does not initiate the NTIO. The defense attorney represents the suspect and would challenge such orders, not apply for them. So the DA or ADA is the one who typically makes the application.