Police Department Policy

GO - 52309 - Eyewitness - Identification - 121619

Sacramento Police Department

Policy Text
SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS GO 523.09 Page 1 of 5 523.09 EYEWITNESS IDENTIFICATION 12-16-19 PURPOSE The purpose of this order is to establish guidelines for conducting Photographic Lineups, Live Lineups and Field Show Ups. POLICY It shall be the policy of the Sacramento Police Department to conduct photographic lineups and live lineup s in compliance wit h Penal Code 859.7, to help ensure the reliability and accuracy of suspect identifications . PROCEDURE A. DEFINITIONS 1. BLIND ADMINISTRAT ION – An administrator of an eyewitness identification procedure who does not know the identity of the suspect. 2. BLINDED ADMINISTRAT ION – An administrator of an eyewitness identification procedure who may know who the suspect is, but does not know where the suspect, or his or her photo, as applicable , has been placed or position ed in the identification procedure using the following: a) An automated computer program that prevents the administrator from see ing which photos the eyewitness is viewing until after the identification procedure is completed. b) The “folder shuffle method ” is a process for conducting a photo lineup by placing photographs in folders, randomly numbering the folders, shuffling 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 proc edure is completed. c) Any other procedure that achieves neutral administration and prevents the lineup administrator from knowing where the suspect or his or her photos, as applicable, are placed or positioned in the identification procedure. 3. EYEWITNESS – A person who se identification of another perso n may be relevant in a criminal investigation. 4. FIELD SHOW UP – A procedure in which a suspect is detained shortly after the commission of a crime and who, based on his or her appearance, his or her distance from the crime scene, or other circumstantial ev idence, is suspected of having just committed a crime. In these situations, the victim or an eyewitness is brought to the scene of the detention and asked if the detainee was the suspect . 5. FILLER – Either a person or a photograph of a person who is not sus pected of an offense and is included in an identification procedure. The filler person or photograph should generally fit the description given by the eyewitness. 6. IDENTIFICATION PROCEDURE: Either a photo lineup or a live lineup. 7. LIVE LINEUP – A procedure in which a group of persons, including the person suspected as the suspect of an off ense and other persons not suspected of the offense, are displayed to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the suspect . 8. SEQUENTIAL LINEUP – A procedure in which eyewitnesses are shown a series of six photographs, one containing the suspect and five fillers. The photographs are shown one at a time. All photographs will be shown even if an identif ication is made. If the eyewitness wishes to view the photographs again, he or she may do so one at a time, in a new random order. 9. SIX PACK PHOTO LINEUP – A procedure in which an array of six photographs, including a photograph of the person suspected as the suspect of the offense and five fillers , are displayed to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the suspect . SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS GO 523.09 Page 2 of 5 B. INVESTIGATIVE CONSIDERATIONS 1. Nothing in this General Order is intended to affect the guidelines for field show up procedures. 2. Prior to conducting either a sequential lineup , six pack photo lineup or live lineup , eyewitnesses shall provide the description of the suspect (s) to the officer or detective . 3. In a photo lineup, writings or information concerning any previous arrest of the person suspected as the suspect shall not be visible to the eyewitness. 4. Only one suspected suspect shall be included in any identification procedure. 5. Identification procedure s include a six -pack photo lineup, sequential lineup and live lineup . Upon selecting an identification procedure , the officer or detective may choose either the blind administration or the blinded administration procedure. 6. If appli cable, officer s or detectives shall state in writing why the blind administration procedure was not used 7. When applicable , eyewitnesses should read and sign SPD Form 606 , Photographic Lineup Admonishment. At minimum, a n eyewitness shall be instructed of the following prior to any identification: a) The suspect may or may not be in the photo graph s you will view. b) The eyewitness should not feel compelled to make an identification. c) An identification or failure to make an identification will not end the investig ation. 8. All eyewitnesses shall be separated when viewing an identification procedure. 9. Nothing shall be said to the eyewitness that might influence the eyewitness’ identification of the person suspected of being the suspect . 10. If the eyewitness identifies a pe rson he or she believes to be the suspect , all the following shall apply: a) The officer or detective shall immediately inquire as to the eyewitness’ confidence level in the accuracy of the identification and record in writing, verbatim, what the witness says. b) Information concerning the identified person shall not be given to the eyewitness prior to obtai ning the eyewitness’ statement of confidence level and documenting

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