Police Department Policy

Photographic Identification Arrays And Live Lineups 09-08

Florida City Police Department

Policy Text
FLORIDA CITY POLICE ADMINISTRATIVE DIRECTIVE 09-08 Page 1 PHOTOGRAPHIC IDENTIFICATION ARRAYS AND LIVE LINE -UPS NUMBER: 09-08 EFFECTIVE DATE: SEPTEMBER 29 , 2015 STANDARD: CFA 18.15M (a), 18.15M (b), 18.15M (c), 18.15M (f), 18.15M (g), 18.15M (h), 18.16 M(a), 18.16 M(b), 18.16 M(c), 18.16 M(d), 18.16 M(e), 18.16 M(f) _____ _______________________________ PURPOSE: The purpose of this policy is to direct the Florida City Police Department on the proper procedures for conducting photographic identification arrays and live lineups . SCOPE: All departmental personnel. POLICY: It is the policy of the Florida City Police Department that w hen a detective wishes to conduct a photo lineup for the purpose of identifying a suspect, the following procedure’s shall be followed : [CFA18.15M(a)] 1. A photographic line -up shall consist of a minimum of six photographs. a. A minimum of five filler photos shall be utilized together with only one photo of the suspect. [CFA18.15M(a)] b. The suspect’s photo is to be placed in one of the six positions, as determined by the detective. [CFA18.15M (a)] c. All photographs used in a simultaneous photographic array will be numbered. [CFA18.15M(a)] d. The investigating member will ensure that no writings or information concerning previous arrests or identifications will be visible to the witness o n any lineup. e. The investigator conducting the array or lineup will avoid any conduct that might directly or indirectly influence the witness’ decision, and avoid comments or actions that suggest the witness did or did not identify the suspect when the array or lineup is completed; f. The investigating member will discern the level of confidence in an identification as expressed by the witness. g. The investigating member will document the procedure and outcome of the array or lineup, including noting the witness’ response and exact words. 2. Photographic line -ups shall consist of contemporary photographs of individuals who are reasonably similar in age, height, weight and general appearance and are of the same sex and race, in accord with the witness’ s description of the subject. a. Each photo contained within the array shall be of the same size and basic composition. Do not mix color and Black and W hite photographs. b. Do not include more than one photo of the suspect within the array. FLORIDA CITY POLICE ADMINISTRATIVE DIRECTIVE 09-08 Page 2 c. Pho tos used in the array sh all be either all color or all B lack and White. T he inclusion of both color and Black and W hite photos within the array is prohibited. d. Mug shot photos shall not be mixed with other types of photos within the array. e. If any id entifying information is included on a photo, it shall be covered or cropped to prevent it from being displayed as part of the array. 3. All photographs used in a simultaneous line-up shall be numbered prior to being presented to the witness. 4. The phot o admonition shall be read to the witness [CFA18.15M(b)]. 5. Live line -ups are prohibited. 6. Sworn members should randomly change the suspect position in each photographic line up. 7. In circumstances involving the need for multiple witnesses to view a photographic or live line -up, the sworn member shall ensure: a. The line -up is presented to only one witness at a time; b. Witnesses being presented a line -up at generally the same time and place are kept separated from one another to prevent them from discu ssing the line -up procedure. c. Each witness presented a line -up is directed not to discuss the identification procedures or results with any other witness. 8. Sworn members administering the line -up shall avoid any conduct that might directly or indirectly influence a witness’s decision. 9. After reading the standard line -up instructions, the sworn member shall step away from the witness’s immediate vicinity and if possible, position himself or herself out of the witness’s direct line of sight. 10. The sworn member shall not provide any verbal or non -verbal feedback to the witness concerning the witness’s identification process. This includes, but is not limit ed to, comments such as, “Good job” or “You picked our suspect” or non -verbal actions that confirm or deny whether the witness selected the suspect. 11. The sworn member shall document, preferably verbatim, any verbal or non- verbal communication made by the witness during the identification process. For example, “Upon viewing photo numbe r four, the witness stated, ‘That’s the one. He’s the one who t old me he was going to kill me, and the witness began crying.” 12. Immediately following an identification, the sworn member shall ask the witness to

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