You have reasonable suspicion that a certain suspect has committed a burglary. You wish to have the suspect's prints to compare against those found at the crime scene. You call the suspect and she refuses to provide the prints voluntarily. In order to obtain the prints you should

• A. Arrest the suspect and compel prints at police station
• B. Request that the DA or ADA apply for a non-testimonial identification order
• C. Seek a court order for a search of the suspect's residence
• D. Try to obtain a waiver from the suspect's attorney

Answer: (B)

Non-testimonial identification procedures let police compel physical evidence, like fingerprints, without relying on the suspect’s statements. When a suspect refuses to provide prints voluntarily, the proper step is to have the District Attorney (or Assistant District Attorney) apply to a court for a non-testimonial identification order. The court order authorizes the suspect to be digitally or physically processed to obtain fingerprints for comparison with those found at the scene. This mechanism provides judicial oversight and a clear legal basis to compel the prints, while avoiding reliance on the suspect’s voluntary compliance. Arresting the suspect to force prints isn’t required here and isn’t the correct route when the goal is to obtain NTID evidence; a residence search is unrelated to obtaining prints, and a mere waiver from counsel isn’t a valid substitute for a court order.