When can non-testimonial identification orders be effectively used as an investigative tool?

Non-testimonial identification orders are specifically designed to gather evidence from a suspect without requiring their participation in the traditional testimonial manner, which often includes verbal statements or confessions. The effectiveness of these orders as an investigative tool hinges on the suspect not being in custody. This is because once a suspect is taken into custody, their rights against self-incrimination become more robust, and the legal process surrounding interrogations and evidence collection becomes more stringent.

When the suspect is not in custody, law enforcement can utilize non-testimonial identification orders more freely and effectively, allowing them to collect physical evidence such as fingerprints, DNA, or other identifying characteristics without running afoul of the strict protections granted to individuals who are formally detained. Thus, non-testimonial identification orders are primarily applicable in scenarios where the suspect has not been deprived of their freedom, making option B the correct context for using this investigative tool.