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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: May 29, 2021  Amends - GO 16.1.15 ( April 30, 2021 ) Number: 16.1.15 Distribution: All Personnel Review Month: November Reviewing Authority: CID / Division Commander Subject: Photog raphic or Live Lineup Eyewitness Identification This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this directive is to provide guidelines for preparing non -sugges tive show - ups, photographic or physical (live) lineups for the purposes of eyewitness identification of a suspect involved in an investigation. A show -up/line -up will be conducted in such a way that a witness in the case is not subjected to unduly suggesti ve methods in order to confirm reliable and accurate identifications. Agency personnel participating in the use of photographic or physical (live) lineups shall be instructed in this policy through field training and triennial training . Personnel participa ting in the use of photographic or physical (live) lineups shall review and acknowledge that they understand the agency’s policy regarding eyewitness identification. 2. Policy When photographic and/or live lineups are necessary, agency personnel shall compose them in such a manner that the suspect does not unduly stand out. When administering any lineup, no person aware of the suspect’s identification other than the investigator administering the lineup and (in the case of a live lineup where the right to counsel has attached) the suspect’s attorney may be present, except when necessary for training purposes The manner in which an identification procedure is conducted can affect the reliability, fairness and objectivity of the identification. Use of the pro cedures outlined in this policy can minimize the effect of external influences on a witness’ memory. Identification obtained through a lineup composed in this manner may have stronger evidentiary value than one obtained without these procedures. Generally, live or physical line -ups are not used. 3. Definitions A. Blank Photo - A blank sheet of paper that is the same size as the photographs utilized in the photo lineup . (Blank photos are only utilized in sequential photo lineups.) B. Filler Photos - Photograph s of persons other than the suspect, used to complete a photo array and bring the total number of photos in the array up to a minimum of six photos. 16.1.15 , Page 2 of 8 C. Functional Equivalent Procedures (FEP) - Procedures utilized when an Independent Administrator is not utilized, permitting the investigator to conduct a sequential photographic lineup in a manner that precludes him or her from knowing when the suspect is presented to the witness. D. Line up - A lineup is any procedure in which a witness to a crime or other incid ent is asked to identify a suspect from among a group of individuals. E. Live Lineup - Live presentation of individuals, before an eyewitness, for the purpose of identifying or eliminating suspects. Live lineups may present the persons in the lineup simultan eously, or sequentially. Live lineups are sometimes called “physical lineups.” F. Independent Administrator - An investigator who is not an active participant in the investigation of a criminal offense, and is unaware of which person in the live lineup is the suspect. G. Photo Array - The group of photographs utilized in a photographic lineup. A photo array may be presented to the witness simultaneously or sequentially. The process of conducting a photographic lineup is often called the “photo array.” H. Photogr aphic Lineup - Showing photographs to an eyewitness for the purpose of identifying or eliminating suspects. Photographic lineups may be presented simultaneously, or sequentially. The group of photos used in a photographic lineup is called a “photo array.” I. Sequentially - Presentation of photos in a photo group or individuals in a lineup to a witness one ‐at‐a‐time rather than all at once (simultaneously) . J. Show -up - A single suspect viewed by a victim or witness immediately following the commission of a crim e for the purpose of identifying or eliminating the suspect as the perpetrator. K. Simultaneously - Presentation of photos in a photo group or individuals in a lineup to a witness all at once (6-pack) rather than one ‐at‐a‐time (sequentially) . 4. Procedures A. Photo Arrays/Lineups Photographic Line -ups provide valuable evidence in criminal cases when properly administered and documented. Agency members participating in the use of photo lineups shall be familiar with this General Order . 1. Sequential photo li neup: a. Investigator responsibilities 1. Create a Sequential photo lineup in accordance with TB 97 -3 2. Place the suspect photo and filler photos in individual folders. Include two (2) blank pho tos in folders, for a minimum of eight (8) folders. 16.1.15 , Page 3 of 8 3. Shuffle the eight (8) folders of the sequential lineup before giving them to the Independent Administrator for the witness to view. Note : When the “ Functional Equivalent Procedure ” is used in a sequentia l photographic lineup, placement of the suspect will be random in each lineup due to the shuffling of the folders. 4. The