Police Department Policy

245

Hillsborough County Sheriff

Policy Text
Date: 12/29/09 Revision: 02/05 /20 Reviewed: 07/15/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCEDURE Number: GEN 564.02 Page: 1 of 5 SUBJECT: EYEWITNESS IDENTIFICATION PROCEDURES I. PURPOS E: The purpose of this standard operating procedure is to provide guidelines for eyewitness identification situation s. II. SCOPE : This procedure shall apply to all Sheriff’s Office law enforcement personnel . III. DISCUSSION : The guidelines set forth in th is procedure shall be used under various circumstances when dealing with eyewitnesses in criminal investigations. Eyewitnesses play a vital role in solving crimes ; in some cases , it is the only evidence that exists. It is also important to keep in mind t hat eyewitness testimony may exonerate innocent parties. Procedures surrounding the police lineup have remained unchanged for years, but research and DNA exonerations have suggested that eyewitness es can make misidentifications. It is the intent of the S heriff’s Office to seek reliable procedures for eyewitness identification and ultimately mitigate potential misidentification of innocent persons. It is important the witness has indicated an ability to recognize a suspect and/or provided a sufficiently d etailed description of a suspect. The Sheriff’s Office eyewitness identification policy and procedures must be filed with the appropriate State Attorney’s Office. IV. DEFINITIONS : A. Lineups – A display of photos consisting of one suspect among a number of fillers from which a witness can identify a perpetrator and is composed in such a way that the suspect does not unduly stand out from the other persons placed in the lineup. B. Blind Administration Procedures – An Independent Administrator overseeing the sequential photo lineup who does not know the desired answer. This person would not be aware which person in the photos or lineup is the suspect and would eliminate the possibility of unintentionally influencing the witness ’ selection. C. Composites – Sketches based on a witness ’ descriptive information that en ables law enforcement officers to better perceive how a suspect may appear . Composites should not be used as stand -alone evidence . D. Cogent Mugshot System (CMS) – A web -based application containing photos , which were taken of individuals that were previously arrested . E. Fillers – Photographs of persons other than the suspect used to complete a photo array and bring the total number of photos in the array to a minimum of 6 photos. F. Sequentia l Photo Lineup – Photos which are viewed by the witness one at a time in random order. G. Show -ups – A field identification procedure performed when circumstances require prompt display of a single suspect to a witness. The inherent suggestiveness of the encounter should be minimized through the use of procedural safeguards. GEN 564.02 08/03/21 Page 2 of 5 V. PROCEDURE : A. Composing Lineups: The identification proc edure should be conducted in a manner that promotes the accuracy, reliability, fairness , and objectivity of the wit ness’ identification. The following procedures will result in the composition of a lineup in which a suspect does not unduly standout: 1. Photo Lineups: When preparing a photo lineup, the deputy/detective should : a. Include only one suspect in each identi fication procedure. b. Select fillers (non -suspects) who generally fit the witness’ description of the perpetrator by utilizing the C MS. c. The CMS is composed of images taken during the booking process, registration of sexual offenders, and some cases whe re driver license photos are saved and used as part of the photo lineup. d. If multiple photos of the suspect are reasonably available to the deputy/detective , select a photo that resembles the suspect’s description or appearance at the time of the inciden t. e. Select images from CMS, which have specific physical characteristics consistent with the suspect’s description ( e.g., age, race, sex, etc.). f. Ensure the images are contemporary (current and not outdated). g. Complete uniformity of features is not r equire d. Avoid using fillers which so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers. h. Include a minimum of 5 fillers per identification procedure. Once the photos are selected, the deputy/detective shall mark the back of each photo with sequential numbers (i.e ., 1-6) and record the order in which they were shown on the lineup sequence form. i. Create a consistent appearance between the suspect and fillers with respect to any features ( e.g., scars, tattoos) used to descr ibe the perpetrator. If necessary, artificially conceal the feature so all photos are uniform in appearance. j. Position the suspect randomly in each lineup. When dealing with multiple witnesse s in the same case, ensure the lineup is shown in a different (random) order for each witness. k. When showing a new suspect, do not reuse fillers in lineups shown to the same witness. l. Ensure there is no written information regarding previous arrest(s) visible to the witness. m. Upon completion, have a supervis or view

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