Police Department Policy

GO 07-08 Procedure for Eyewitness Identification and Taking Interview Statements_Redacted

Richmond PD

Policy Text
Page 1 of 9 General Order 7-8 - (12/01/23 ) PROCEDURE FOR EYEWITNESS IDENTIFICATION AND TAKING INTERVIEW STA TEMENTS RICHMOND POLICE DEPARTMENT GENERAL ORDER Subject: PROCEDURE FOR EYEWITNESS IDENTIFICATION AND TAKING INTERVIEW STATEM ENT S Chapter 7 Number 8 # Pages 9 CALEA Standards: 1.2.3a, 42.2.9 a-g, 42.2.1 0a-g Related Orders: Effective Date: 12/01/2023 Revised By: Standard Prv. Rev. Date : 06/09/2022 Chief of Police : I. PURPOSE The purpose of this directive is to establish the proper guidelines for obtaining reliable eyewitness identification , taking statements during interviews and guidelines for the preparat ion and presentation of photographi c. II. SUMMARY OF CH ANGE To ensure adequate and consistent directions is being given by individuals administering show -ups to witnesses, instructions have been created and are now reflected in the PD -159A form. All changes w ill be bold and italicized throughout the document. III. POLICY It is the policy of the Richmond Police Department to provide its members with the constitutional standards and practical guidelines for taking interview statements and obtaining eyewitness identi fication. Eyewitness identification evidence is often crucial in identifying offenders a s well as exonerating the innocent. Research of cases in which Deoxyribonucleic Acid ( DNA ) evidence has been used to exonerate individuals previously convicted of crime s leads many experts to conclude that improved, more reliable methods of handling eyewitness identifications may promote higher standards of justice. The Department subscribes to the guidelines developed by the Department of Justice for conducting the mos t reliable and accurate eyewitn ess identification procedures. IV. ACCOUNTABILITY STATEMENT All employees are expected to fully comply with the guidelines and timelines set forth in this general order. Failure to comply will result in appropriate corrective ac tion. Responsibility rests with the Division Commander to ensure that any violations of policy are investigated and appropriate training, counseling and/or disciplinary action is initiated. This directive is for internal use only, and does not enlarge an employee’s civil liability in any way. It should not be constru ed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violation of this directive, if Page 2 of 9 General Order 7-8 - (12/01/23 ) PROCEDURE FOR EYEWITNESS IDENTIFICATION AND TAKING INTERVIEW STA TEMENTS proven, can only form the basis of a com plaint by this department, and then only in a non - judicial administrative setting. V. DEFINITIONS A. BLIND -SEQUENTIAL LINE -UP – The preferred method of conducting a photographic line-up in which photographs are presented to the witness one at a time, rather than in a grouping. This is conducted by someone who does not know which member of the line - up is the “true” suspect. It is also known as a “double -blind” procedure as the witness also does not know which photo will be the true suspect. B. INTERVIEW – An interv iew is a conversation with a cooperative witness, who willfully furnishes information. Generally, interviews will be made with persons making complaints or persons with knowledge of the incident being investigated. C. PHOTO GRAPHIC LINE -UP – A procedure in wh ich photographs are used instead of live persons. This procedure is often used when a suspect has not been identified or when such a person has not been located or arrested. D. PHOTOGRAPHIC SHOW -UP – A procedure wherein a picture of the suspect is taken and shown to the victim rather than actually placing the suspect before the victim for identification. E. PHYSICAL SHOW -UP – A procedure in which circumstances require the prompt display of a suspect to a witness to determine if the captured person is actually the criminal . VI. PROCEDURE [CALEA 1.2.3a ] A. Procedure for Taking Hand written or Electronic Statements: 1. Statements shall contain an introductory paragraph, which will include the following: a) Name of witness; b) Name of interviewer; c) Name(s) o f everyone present; d) Location of interview; e) Date and time of interview; and, f) Nature of interview. 2. The second paragraph of the statement shall be a brief resume of the witness to include: a) Residence location; Page 3 of 9 General Order 7-8 - (12/01/23 ) PROCEDURE FOR EYEWITNESS IDENTIFICATION AND TAKING INTERVIEW STA TEMENTS b) Date of birth; c) Educational background ; d) Employment; e) Marital or family status; f) Home , work and any alternate telephone numbers; g) E-mail information, if applicable; and, h) Any other information that would contribute to the character of the individual, who is making the statement. B. Procedure for Recording Statemen ts: 1. The officer shall attempt to record questions to clarify any point that is unclear or to explore areas that the witness has overlooked ; 2. If statements from the witness are taken in written form, the officer shall give the witness an opportunity t o read and initial any corrections, and sign and date the statement ;

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