Policy Text
DOUBLE BLIND SEQUENTIAL PHOTO GRAPHIC LINE -UPS
The purpose of this order is to set forth Department policy and procedure regarding the
conducting of photographic (photo) line-ups using the Double Blind Sequential Line-up
(DBSL) method . In acc ordance with new legislation (PC 859.7) please review the
following document to ensure compliance with the new law going into effect January
2020.
EYEWITNESS IDENTIFICATION PROTOCOL
The Oakland Police Department Model Protocol for Eyewitness Id entificat ion will be as
follows.
Every effort shall be made to ensure the officer conducting a line -up does not know the
identity of the suspect ("blind administration"). In some cases , this will simply not be
possible because no appropriate officer is available. In these cases, the investigating
officer shall document why it was not possible to follow "blind administration" protocol,
and instead shall conduct the line -up using "blinded administration." In "blinded
administration," although the officer administeri ng the line -up knows which photograph
depicts the suspect, the officer does not know which numeric position the suspect
occupies in the line -up, achieved by using one of the following procedures:
The folder shuffle method, which refers to a system for co nducting a photo lineup
by placing one photograph in each folder, shuffling the folders, numbering 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.
Any other procedure that achieves neutral administration and prevents the lineup
administrator from knowing where the suspect or his or her photo, as applicable,
has been placed or positioned in the identification p rocedure.
Regardless of the method used, in all cases officers must ensure that they use extreme
care not to communicate the identification of the suspect in any way or relay information
about the suspect's previous arrest record. Officers shall not vali date or invalidate a
witness's identification in any way. TRAINING BULLETIN
Evaluation Coordinator: CID Commander
Automatic Revision Cycle: 3 Years
“Department Training Bulletins shall be used to advise members of current police technique s and
procedures and shall constitute official policy.”
Index Number: I -T
Alpha Index: Double Blind Sequential Photo
Line-ups Effective Date:
01 Dec 19
2
Sequential Double Blind Photographic Line-ups, Index I-T
Before conducting the lineup, officers should ensure the witness has provided a
description of the suspect.
In all cases, show the witness the photos comprising the line -up sequentially not
simult aneously.
Photo line -ups shall be presented to one witness at a time. Witnesses shall not be allowed
to share information about the line -up, and they shall be isolated from one another when
making identifications. Whenever a line -up is not presented to o ne witness at a time, or
witnesses have inadvertently been allowed to share information or are not isolated from
one another when making an identification , members shall document th e reason why this
occurred in the appropriate report or case notes.
Whene ver possible, the line -up procedure shall be video recorded. In rare circumstances,
it may be audio recorded for evidentiary purposes ; however , members shall document the
reason why the procedure was not video recorded .
In the event the interview rooms are unavailable for Audio/Video recording (e.g., broken
equipment, power outage, occupied, etc.) , the member conducting the line -up procedure
is unfamiliar with the equipment, or the line -up is conducted at a location without
Audio/Video recording capabil ities, members may use a Department -issued Personal
Digital Recording Device ( PDRD ) or other Audio/Video recording device to record the
line-up procedure.
Members who have not been issued a PDRD or are unable to use their PDRD (broken,
malfunctioning, ful l, etc.) shall document such in the appropriate report or case notes.
Additionally, members shall take and document the following steps to obtain an
Audio/Video recording device:
1. Check out a PDRD from the PAB patrol desk ; or
2. Borrow a functional PD RD from an available member; or
3. Attempt to locate other Department Audio/Video recording devices .
In the event no PDRD or other Audio/Video device is available, the investigator shall
minimally use an audio recording device. If a witness does not wan t to be video or audio
recorded that fact shall be documented in the appropriate report or case notes.
NOTE: It is recommended that members conduct tests of the PDRD or other
Audio/Video recording devices and view the recordings to assess the device’s recording
capabilities before attempting to use it in a real -world setting . This will assist in locating
positions and distances that will capture as much video and audio of the line -up process
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02 Jul 13 ● Oakland Police Department
as possible regardless of where the line -up is conducted. Tests shall not be done with
actual witnesses.
PROCEDURE
1. Assemble the suspect's photo and at least five fillers in the normal manner. The
fillers used should generally fit the witness’s description of the suspect. The
photograph of the suspect should, i f feasible, resemble his or her appearance at
the time of the offense and not unduly stand out. If you have multiple suspects
you will nee d to assemble a different group of photos using new fillers for each
suspect. Arrange the six in random