Policy Text
CORRECTIONAL SERVICES Page 1 of 8 1/11 (REV 7/07)
MJ/RCCC
OPERATIONS ORDER
Lineups
The purpose of this Order is to standardize procedures for cond ucting lineups at the
Main Jail and the Rio Cosumnes Correctional Center (RCCC) of in custody and out
of custody crime suspects. I. Policy
Lineup services are provided in cooperation with requesting cri minal justice and law
enforcement agencies and Pro Per inmates following established procedures in order to
prohibit undue influence, ensure due process, and provide consi stency in practice. Staff
shall remain neutral and impartial while facilitating the lineu p process and provide
informed assistance. II. Location and Sc heduling of Lineups
A. Physical lineups shall take place at the Main Jail and may be made by
any criminal justice agency (i.e., Law Enforcement, Prosecution , Defense,
Courts, or Pro Per inmates).
B. Appointments to schedule a lin e up must be made with the Lin eup Officer
during normal business hours and at least one court day in adva nce. The
requestor is required to verbally provide the Lineup Officer wi th all
required information at the ti me the appointment is made.
1. Lineup appointments are typi cally scheduled for 1300 hours,
Monday through Thursday.
C. If a suspect is physically in-custody at RCCC , the Lineup Officer shall
coordinate with RCCC staff to schedule the lineup in the Jail Inmate
Management System (JIMS) and a rrange for transport to the Main Jail .
D. The requestor shall be responsib le for notifying the subject ’s attorney and
any witnesses when the lineup is scheduled to take place.
E. The requestor may be responsib le for furnishing any props to be used
during the lineup if the supplies are not available at the line up office.
F. All persons involved with a lineup shall be required to subm it to a security
screening that may include a metal detector search, pat-down se arch, and
search of any belongings.
CORRECTIONAL SERVICES Page 2 of 8 1/11 (REV 7/07)
MJ/RCCC G. It is the requestor’s responsibility to notify the Lineup of fer and all other
parties involved when a scheduled lineup is canceled.
H. Lineups may be cancelled w hen it is deemed necessary for the security of
the facility or for good cause. The requestor should be notifie d and
advised to inform all parties.
III. Legal Representation
A. According to case law, the subject of a lineup has the legal r i g h t t o b e
represented by an attorney. Every effort should be made to del ay or
reschedule the lineup if the Defense Attorney is tardy or fails to appear.
B. If the prosecutor in the case determines that delay or resch eduling is not
an alternative, the lineup can be photographed or videotaped wi thout the
presence of witnesses and shown to the witness(es) at a later t ime.
1. According to case law, exigent circumstances can be declared
and the lineup may continue wit hout defense counsel present.
C. The role of the defense attorney is to silently observe and later recall his
observations for the purposes of cross-examination, and to act in the
capacity of a witness to the lineup.
D. Any requests made by defense counsel regarding instructions given to
lineup participants during or pre ceding a lineup shall be direc ted to the
Detective or District Attorney conducting the lineup. Defense counsel
must adhere to the following prot ocol during the lineup process :
1. He/she may not rearrange the participants of the lineup with out
consent from the person conducting the lineup.
2. He/she may not cross-examine the witnesses. 3. He/she may not direct any of the participants, including the
subject (i.e., speak, change clothe s, make specific gestures, e tc.).
4. He/she may not insist that law enforcement officials hear
objections to procedures employed.
5. He/she may not compel law enf orcement officials to adjust th e
lineup.
6. The subject of a lineup may decline his right to an attorney . The
Lineup Officer and requestor shall witness the suspect sign a
waiver form.
E. The subject of a lineup may decline his/her right to an atto r n e y . T h e
Lineup Officer and requestor shall witness the subject sign a w aiver.
CORRECTIONAL SERVICES Page 3 of 8 1/11 (REV 7/07)
MJ/RCCC IV. Lineup Participant Selection Process and Incentives
A. The Lineup Officer selects four (4) “filler” participants wh ose features
reasonably resemble those of the suspect. The following rules shall apply
to the selection process:
1. “Filler” participant prisoner s are generally selected from t he Main
Jail prisoner population.
2. Persons not in custody, other than the subject, are typicall y not
used as a “filler” participant in the lineup.
3. The Lineup Officer should ph ysically view the possible
participants along with the subjec t unless security is a concer n.
4. The subject does not have the right to assist in selecting t he
lineup “filler” participants; how ever, the Lineup Officer may s olicit
the subject’s opinion.
B. The Lineup Officer shall