Policy Text
Procedure
604Garden Grove Police Department
Procedures Manual
Copyright Lexipol, LLC 2022/09/13, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentEyewitness Identification Procedures - 1Eyewitness Identification Procedures
604.1 PURPOSE AND SCOPE
This procedure will establish guidelines for using photographic line-ups, physical line-ups or show-
up line-ups as part of eyewitness identification.
604.2 LINE-UPS AND SHOW-UPS
The investigator conducting the photographic line-up shall use the "Blind Administration" or
"Blinded Administration" during the identification procedure.
The "Blind Administration" approach may be accomplished by having another officer or
investigator, who does not know the identity of the suspect, administer the photographic line-up
to the eyewitness.
The "Blinded Administration" approach may be accomplished by using the folder shuffle method,
which refers to a system for conducting a photographic line-up by placing photographs in
folders, randomly numbering the folders, shuffling the folders, and then presenting the folders
sequentially so that the administrator cannot see or track which photograph is being presented
to the eyewitness until after the procedure is completed. This approach allows the administrator
to know who the suspect is, but does not know what folder the suspect's photograph has been
placed.
When administering a photographic line-up, it shall be both audio and video recorded. When it is
not feasible to make a recording by both audio and video, audio recording may be used. When
audio recording without video recording is used, the investigator shall state in writing the reason
that video recording was not feasible.
Photographic line-ups:
(a)Composing Photographic Line-ups:
1.Include only one suspect in each identification procedure.
2.Select a photo of the suspect that resembles the suspect's appearance at the
time of the incident.
3.Select fillers of the other persons that resemble the suspect in significant
features.
4.Include a minimum of five fillers (non-suspects) per identification procedure
Complete uniformity of features is not required and avoid using fillers that too
closely resemble the suspect.
5.If there is more than one witness each witness will be shown the line-up
separately and witnesses will not be permitted to communicate with each
other until after the line-up procedure has been completed. If the witness has
previously viewed a photo line-up in connection with the identification of another
person suspected of involvement in the offense, the fillers in the line-up shall be
different from the fillers used in any prior line-ups.
Garden Grove Police Department
Procedures Manual
Eyewitness Identification Procedures
Copyright Lexipol, LLC 2022/09/13, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentEyewitness Identification Procedures - 2(b)Instructing the witnesses:
1.When showing a photographic line-up to a witness the following admonition shall
be given: "You will be asked to look at several photographs. Do not assume that
the guilty person's picture is included among them. It may or may not be one of
these. You are not obligated to choose any of the photos. It is just as important
to clear the innocent from suspicion, as it is to identify the guilty. Try not to judge
on the basis of hairstyle or length or any other characteristic, which may have
changed since these photos were taken. Look at all of the photos and tell me if
you can identify the person who you saw. Please do not tell any other witnesses
that you have or have not been able to identify anyone. You understand that you
are under no obligation to choose a photo."
(c)Avoiding officer and witness "suggestion"
1.Officers must not, by word or gesture, suggest opinions to any witness
concerning the guilt or innocence of a suspect in any identification procedure.
Witnesses making inquiries about an officer's opinion shall be informed of this
restriction.
2.A witness who has taken part in an identification procedure must not be permitted
to state conclusions within earshot of another person who is about to be, or has
been, a viewer of the identification procedure.
3.Witness Confidence: Assess the level of certainty the witness has in his
identification of the suspect. In the report, the officer should record statements by
the witness regarding the identification (" that's him/her, etc.). Have the witness
describe how he/she knows it's the right person.
Show-Up Procedures:
(a)When Show-ups are permissible:
1.An officer may arrange a "show-up" between a witness and a suspect when
there is reasonable suspicion to believe the suspect committed a crime and that
the detention occurs soon after the crime was committed.
(b)Guidelines for conducting the show-up:
1.Detention: A suspect cannot be detained for longer than a reasonable period of
time to confirm or refute whether the suspect is the perpetrator.
2.Description: Officers at the scene and in contact with the witness will obtain a
detailed description of the perpetrator before the suspect is shown to the witness.
The witness must advise the officers that they will be able to recognize the
person who committed the crime prior to the show-up.
3.Location: The courts require that the suspect be inconvenienced as little as
possible during a detention and show-up. Generally, this means that the witness
should be brought to the suspect. The suspect should not be taken to the witness
if there is any reasonable alternative.
4.Minimize Suggestiveness: If at all possible, avoid any indications that the
suspect is in custody (handcuffs, placement in the back seat of the patrol car,
Garden Grove Police Department
Procedures Manual
Eyewitness Identification Procedures
Copyright Lexipol, LLC 2022/09/13, All Rights Reserved.