Policy Text
Policy
608Fremont Police Department
Eyewitness Identification
608.1 PURPOSE AND SCOPE
This policy sets forth guidelines to be used when members of this department employ eyewitness
identification techniques (Penal Code § 859.7).
608.1.1 DEFINITIONS
Definitions related to the policy include:
Eyewitness identification process - Any field identification, live lineup or photographic
identification.
Field identification - A live presentation of a single individual to a witness following the
commission of a criminal offense for the purpose of identifying or eliminating the person as the
suspect.
Live lineup - A live presentation of individuals to a witness for the purpose of identifying or
eliminating an individual as the suspect.
Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or
eliminating an individual as the suspect.
608.2 POLICY
The Fremont Police Department will strive to use eyewitness identification techniques, when
appropriate, to enhance the investigative process and will emphasize identifying persons
responsible for crime and exonerating the innocent.
608.3 INTERPRETIVE SERVICES
Officers should make a reasonable effort to arrange for an interpreter before proceeding with
eyewitness identification if communication with a witness is impeded due to language or hearing
barriers.
Before the interpreter is permitted to discuss any matter with the witness, the investigating officer
should explain the identification process to the interpreter. Once it is determined that the interpreter
comprehends the process and can explain it to the witness, the eyewitness identification may
proceed as provided for within this policy.
608.4 EYEWITNESS IDENTIFICATION PROCESS AND FORM
The Investigative Bureau supervisor shall be responsible for the development and maintenance
of an eyewitness identification process for use by members when they are conducting eyewitness
identifications.
The process should include appropriate forms or reports that provide (Penal Code § 859.7):
(a)The date, time and location of the eyewitness identification procedure.
(b)The name and identifying information of the witness.
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(c)The name of the person administering the identification procedure.
(d)If applicable, the names of all of the individuals present during the identification
procedure.
(e)An instruction to the witness that it is as important to exclude innocent persons as it
is to identify a perpetrator.
(f)An instruction to the witness that the perpetrator may or may not be among those
presented and that the witness is not obligated to make an identification.
(g)If the identification process is a photographic or live lineup, an instruction to the witness
that the perpetrator may not appear exactly as he/she did on the date of the incident.
(h)An instruction to the witness that the investigation will continue regardless of whether
an identification is made by the witness.
(i)A signature line where the witness acknowledges that he/she understands the
identification procedures and instructions. This information may also be memorialized
on either audio or video recording.
(j)A statement from the witness in the witness's own words describing how certain he/
she is of the identification or non-identification. This statement should be taken at the
time of the identification procedure.
(k)Any other direction to meet the requirements of Penal Code § 859.7, including direction
regarding blind or blinded administrations and filler selection.
The process and related forms should be reviewed at least annually and modified when necessary.
608.5 EYEWITNESS IDENTIFICATION
Members are cautioned not to, in any way, influence a witness as to whether any subject or photo
presented in a lineup is in any way connected to the case.
Members should avoid mentioning that:
•The individual was apprehended near the crime scene.
•The evidence points to the individual as the suspect.
•Other witnesses have identified or failed to identify the individual as the suspect.
In order to avoid undue influence, witnesses should view suspects or a lineup individually and
outside the presence of other witnesses. Witnesses should be instructed to avoid discussing
details of the incident or of the identification process with other witnesses.
The eyewitness identification procedure should be audio and video recorded and the recording
should be retained according to current evidence procedures. When it is not feasible to make a
recording with both audio and visual representations, an audio recording should be made (Penal
Code § 859.7).
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608.6 DOCUMENTATION
A thorough description of the eyewitness process and the result of any eyewitness identification
should be documented in the case report.
If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness
should be included in the case report. In addition, the order in which the photographs were
presented to the witness should be documented in the case report.
608.6.1 DOCUMENTATION RELATED TO RECORDINGS
The handling member shall document the reason that a video recording or any other recording of
an identification was not obtained (Penal Code § 859.7).
608.6.2 DOCUMENTATION RELATED TO BLIND ADMINISTRATION
If a presentation of a lineup is not conducted using blind administration, the handling member shall
document the reason (Penal Code § 859.7).
608.7 PHOTOGRAPHIC LINEUP AND LIVE LINEUP CONSIDERATIONS
When practicable, the member presenting the lineup should not be involved in the investigation
of the case or know the identity of the suspect. In no case should the member presenting a lineup
to a witness know which photograph