Police Department Policy

05-05_PHOTOGRAPHIC LINE-UP AND FIELD SHOW-UP PROCEDURES-01102020

Sacramento County Sheriff

Policy Text
Field Service s Page 1 of 3 05/05 (REV 12/19) Photographic Line -Up and Field Show -Up Procedures The purpose of this order is to outline procedures for conducting photographic line- ups and field show up identifications. Prior to conducting the identification procedure, and as close in time to the incident as possible, the eyewitness shall provide the description of the perpetrator of the offense. All eyewitnesses shall be separated when viewing an identification procedure. I. Photographic Line- Up A. Obtain a photograph of the suspect and photographs of a minimum of five (5) other people of the same race, similar age, similar facial features, and similar hair color, style and length. Only one suspected perpetrator shall be included in any identification procedure. 1. The photographs must all be black and white or all in color. 2. The photographs should be numbered and of similar type, size and style. 3. Comparison photographs are available on the Sheriff’s Department Internal Website under Web Mug of Facial Images or through the California Department of Motor Vehicles (DMV). Photographs of jail prisoners could also be used. B. All indications on the photog raphs of fingerprint numbers, official numbers, dates, names, and etcetera must be removed or hidden from view. This can be best accomplished by placing the photographs behind cut out windows in a manila folder. Writings or information concerning any previous arrest of the person suspected as the perpetrator shall not be visible to the eyewitness. C. Advise the person viewing the photographs that the suspect may or may not be represented in any of the photographs , that they are not obligated to make any identifications, and that an identification or failure to make an identification will not end the investigation. Field Service s Page 2 of 3 05/05 (REV 12/19) D. Complete Photographic Line- Up Instructions Form 7400-234, on SSDWEB and attached within this order E. If the witness/victim identifies a person he or she believes to be suspect, the officer shall immediately inquire as to the witness’ confidence level in the accuracy of the identification and recor d in writing , verbatim , what the witness/victim states. Do not acknowledge to the witness/victim as to whether they were able to correctly identify the suspect. F. An electronic recording shall be made that includes both audio and visual representations of the identification procedure. When it is not feasible to make a recording using both audio and visual methods, an audio recording may be used. Document in the report the reason a video recording was not used. The officer/investigator conducting the identification procedure shall use “Blind Administration” or “Blinded Administration” during the process. If applicable and the circumstances prohibit the use of blind/blinded administration the officer/investigator shall document in the report the reason(s) why this method could not be used. 1. Blind Administration- means the administrator of the identification procedure does not know the identity of the suspect. 2. Blinded Administration- means the administrator of the identification process may know who the suspect is, but does not know where the suspec t’s photo is positioned in the line- up. Techniques to achieve this include using an automated computer program to randomly order the photographs, using a folder shuffle method by placing each photograph in a separate folder and randomly numbering each folder prior to presenting them in sequential order to a witness/victim, or any other procedure which achieves neutral administration and prevents the officer/investigator from knowi ng where the suspect’s photo is within the line- up. G. Book the line- up instruction form, photos, folders, and any media based storage of audio/video recordings as evidence. II. Field Show Up Identification A. A field show up identification is used when there is insufficient probable cause to arrest, but sufficient reasonable suspicion to detain and investigate. It should be: 1. Conducted shortly after a crime has been committed. 2. Used to prevent the unnecessary arrest or prolonged detention of Field Service s Page 3 of 3 05/05 (REV 12/19) innocent persons stopped for investigation. B. A suspect should not be transported from a place of detention unless the suspect gives permission or exigent circumstances exist. Exigent circumstances are generally defined as those circumstances in which, due to physical or medical limitations on the part of the victim/witness, transportation is impossible. C. The field show up must not be conducted in a manner, which suggests that the person detained is positively the suspect being sought. The victim or witness shall be advised: 1. That the person to be viewed is similar to the phy sical description related to the officers. 2. That the person is only being detained and that the person may or may not be the person who committed the crime. 3. That simply because the person is being detained should not influence the victim/witness in identi fication. 4. Witness and victims should be transported to the field show -up in separate vehicles. D. The officer's written report shall include: 1. All instructions and cautionary statements made by the officer to the viewing person. 2. Statements made by the viewing person in identifying or clearing the person detained. 3. A description of the area of the detention and in what lighting conditions the identification was made. 4. The distance from the detained suspect that the identification or attempted identificat ion was made.

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