Policy Text
09-08
ADMINISTRATIVE DIRECTIVE
c. Photos used in the array shall be either all 8. Sworn members administering the line-up
color or all Black and White. The inclusion shall avoid any conduct that might directly
of both color and Black and White photos or indirectly influence a witness’s decision.
within the array is prohibited.
9. After reading the standard line-up
d. Mug shot photos shall not be mixed with instructions, the sworn member shall step
other types of photos within the array. away from the witness’s immediate vicinity
and if possible, position himself or herself
e. If any identifying information is included out of the witness’s direct line of sight.
on a photo, it shall be covered or cropped to
prevent it from being displayed as part of the 10. The sworn member shall not provide any
array. verbal or non-verbal feedback to the witness
concerning the witness’s identification
3. All photographs used in a simultaneous process. This includes, but is not limited to,
line-up shall be numbered prior to being comments such as, “Good job” or “You
presented to the witness. picked our suspect” or non-verbal actions
that confirm or deny whether the witness
4. The photo admonition shall be read to the selected the suspect.
witness [CFA18.15M(b)].
11. The sworn member shall document,
5. Live line-ups are prohibited. preferably verbatim, any verbal or non-
verbal communication made by the witness
6. Sworn members should randomly change during the identification process. For
the suspect position in each photographic example, “Upon viewing photo number
line up. four, the witness stated, ‘That’s the one.
He’s the one who told me he was going to
7. In circumstances involving the need for kill me, and the witness began crying.”
multiple witnesses to view a photographic or
live line-up, the sworn member shall ensure: 12. Immediately following an identification,
the sworn member shall ask the witness to
a. The line-up is presented to only one state, in his or her own words, how certain
witness at a time; he or she is of the identification. The sworn
member shall take care in precisely
b. Witnesses being presented a line-up at documenting the witness’s response within
generally the same time and place are kept the investigative narrative.
separated from one another to prevent them
from discussing the line-up procedure. 13. If identification is made, the sworn
member shall document the precise
c. Each witness presented a line-up is photograph or person selected, by having the
directed not to discuss the identification witness sign, date, and time the
procedures or results with any other witness. identification on the back of that individual
photograph in their own handwriting.
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09-08
ADMINISTRATIVE DIRECTIVE
14. The photographs used in a photographic 5. Sworn members shall
line-up shall be retained in the
case file. not move the detained subject from the
original place of detainment for show-up
15. In any line-up, no person aware of the purposes and will take whatever steps
suspect’s identity other than the possible to limit the suggestiveness of the
administering sworn member shall be show-up. [18.16M(b)]
present.
6. Sworn members shall arrange for the
16. Members conducting eyewitness witness to be transported to the detained
identification activities shall complete subject’s location. If possible, care should be
annual training relating to this policy. given to shield the witness from being seen
by the detained subject.
Conducting show-ups
7. The sworn member shall ensure the
A. When a sworn member wishes to conduct witness’ description of the suspect is
a show-up, the following procedure shall documented before conducting the show-up.
be used:
8. The sworn member shall read the standard
1. Show-ups may be used when show-up instructions to the witness prior to
circumstances require the prompt display of the witness seeing the detained subject:
a suspect to a witness. [18.16M(a)] [CFA18.16M(c)]
2. Show-ups are not intended, nor shall they a. You will be asked to view a single
be used, as a replacement to conducting individual.
photographic or live line-ups.
b. It is just as important to clear innocent