Police Department Policy

GGPDE_T.B._21-04_In_Field_Show_up_2300124

Garden Grove PD

Policy Text
TOM DaRé , CHIEF OF POLICE Professional Standards Division NUMBER: 2021 -04 ISSUED: March 24, 2021 IN-FIELD LINE -UPS: The “In -field Line -up” is a great tool that allows officers in the field to quickly identify or eliminate a person as a suspect. The purpose of this training bulletin is to introduce a new templat e to be used when an “ In-field L ine-up” is conducted, so that all the questions and concerns of the “In-field L ine-up” are answered and to alleviate any issues with prosecution during a trial. Below you will see the new template that will be added into Spillman and can be added into your report under the narrative tab whenever an In -field Line -up is completed. The Simmons Warning is read to the victim/witness, who you drive, escort, or show a person who is detained by the police, who may or may not be the suspect. Several aspects of the In - field should be documented in your report. Your language used and your actions during the In -field show up could influence the outcome and integrity of th e In-field and could be detrimental to your case when it goes to court. Also, consider our IVS/BWC policy a nd know that many aspects of In-field are going to be recorded. Try to do everything you can to minimize influencing the person participating in t he In-field from being a factor at a later time in court. For example, avoid saying “Is that him?” and ask “Do you recogniz e anyone? What did he/she do?” Avoid airing on the radio the results of the In -field, to avoid influencing other persons hearing the results and influencing their decision during an In - field. The results of the In -field should only be communicated with th e primary/investigating officer and the officer who is conducting an In -field show up . The officer standing by with the suspect, dispatch, other officers, other victim(s), or witness(s) have no need to know or right to know the results of the In -field. When it is able to be done safely , try to avoid having unnecessary influence during the In -field. Considerations for the back drop for the In -field: Police car with red lights and sirens going vs. a plain cinderblock wall; four officers with guns drawn on the handcuffed suspect vs. one officer holding onto the subject’s arm while he or she is un handcuffed. Several identifications are based on clothing the suspect was wearing. If this is the c ase, an officer should do the following: -The suspect should be photographed at the scene or as soon as reasonably possible. -The suspect’s clothing should be retained as evidence after be ing photographed. TRAINING BULLETIN In the event of multiple suspects: the victim or witness needs to describe what they are wearing, where they are located in the line -up, and what that person did. The suspect’s location, his/her cl othing, and their involvement in the c rime all need to be documented to avoid confusion later in court. Officers are sometimes used by prosecutors in an attempt to salvage identification by witness/victims, who cannot identify the suspect(s) months or years later when the case finally goes t o court. Writing a good detailed report that led to the detention and identi fication of the suspect may save you a case and spend less time on the witness stand. Below you will see the new template that is being added to Spillman . At the top, you will see the Simmons Warning available for you to read if you do not have the Simmons Warning card with you. After the In -field is completed, add the template to your report and answer each question to be submitted with your report. SIMMONS WARNING - The fact that a person is in the company of police or being detained by us should not influence your judgment. You should not conclude nor guess that just because a person is in the company of or being detained by the police that such perso n is the one who committed the crime. You are under no obligation to identify anyone. It is just as important to exonerate the innocent as it is to identify a suspect, not only to prevent any miscarriages of justice but also so that we find the true crim inal. *Be sure that the victim or witness understands and does affirmatively acknowledge the admonition. * WAS YOUR IVS/BWC ON DURING THE IN -FIELD? ADVISEMENT GIVEN TO AND HIS/HER RESPONSE TO ADVISEMENT: ADVISEMENT GIVEN AT WHAT LOCATION, DATE AND TIME: LOCATION OF SUSPECT WHERE THE IN -FIELD OCCURS: LIGHTING CONDITIONS I.E. SPOTLIGHTS, DAYLIGHT: DOES WITNESS WEAR GLASSES OR CONTACTS? DID THEY HAVE THEM ON NOW AND AT THE TIME OF THE INCIDENT? DISTANCE FROM THE WITNESS TO SUBJECT WHEN THE IN -FIELD OCCURS: FROM WHERE DOES THE IN -FIELD OCCUR, I.E. BACK SEAT OF PATROL CAR: DESCRIBE THE SURROUNDINGS OF THE SUBJECT AT THE TIME OF THE IN -FIELD, I.E. OFFICERS PRESENT, BACKDROP, SUBJECT HANDCUFFED OR NOT. WITNESS STATEMENT DURING IN -FIELD (INCLUDE IMMEDIATE STAT EMENT, HOW LONG DID THE WITNESS LOOK AT THE INDIVIDUAL(S), IF THEY HAD OBSTRUCTED VIEW OR NOT

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