604Eyewitness_Identification

Policy 604San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentEyewitness Identification - 1Eyewitness Identification 604.1 PURPOSE AND SCOPE This policy sets forth guidelines to be used when members of this department employ eyewitness identification techniques (Penal Code § 859.7). 604.1.1 DEFINITIONS Definitions related to the policy include: Eyewitness identification process - Any field identification, live lineup or photographic identification. Field identification - A live presentation of a single individual to a witness following the commission of a criminal offense for the purpose of identifying or eliminating the person as the suspect. Live lineup - A live presentation of individuals to a witness for the purpose of identifying or eliminating an individual as the suspect. Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or eliminating an individual as the suspect. 604.2 POLICY The San Luis Obispo Police Department will strive to use eyewitness identification techniques, when appropriate, to enhance the investigative process and will emphasize identifying persons responsible for crime and exonerating the innocent. 604.3 INTERPRETIVE SERVICES Members should make a reasonable effort to arrange for an interpreter before proceeding with eyewitness identification if communication with a witness is impeded due to language or hearing barriers. Before the interpreter is permitted to discuss any matter with the witness, the investigating member should explain the identification process to the interpreter. Once it is determined that the interpreter comprehends the process and can explain it to the witness, the eyewitness identification may proceed as provided for within this policy. 604.4 EYEWITNESS IDENTIFICATION PROCESS AND FORM The Detective Bureau supervisor shall be responsible for the development and maintenance of an eyewitness identification process for use by members when they are conducting eyewitness identifications. The process should include appropriate forms or reports that provide (Penal Code § 859.7): (a)The date, time and location of the eyewitness identification procedure. (b)The name and identifying information of the witness. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Eyewitness Identification Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentEyewitness Identification - 2(c)The name of the person administering the identification procedure. (d)If applicable, the names of all of the individuals present during the identification procedure. (e)An instruction to the witness that it is as important to exclude innocent persons as it is to identify a perpetrator. (f)An instruction to the witness that the perpetrator may or may not be among those presented and that the witness is not obligated to make an identification. (g)If the identification process is a photographic or live lineup, an instruction to the witness that the perpetrator may not appear exactly as he/she did on the date of the incident. (h)An instruction to the witness that the investigation will continue regardless of whether an identification is made by the witness. (i)A signature line where the witness acknowledges that he/she understands the identification procedures and instructions. (j)A statement from the witness in the witness's own words describing how certain he/ she is of the identification or non-identification. This statement should be taken at the time of the identification procedure. (k)Any other direction to meet the requirements of Penal Code § 859.7, including direction regarding blind or blinded administrations and filler selection. The process and related forms should be reviewed at least annually and modified when necessary. 604.5 EYEWITNESS IDENTIFICATION Members are cautioned not to, in any way, influence a witness as to whether any subject or photo presented in a lineup is in any way connected to the case. Members should avoid mentioning that: •The individual was apprehended near the crime scene. •The evidence points to the individual as the suspect. •Other witnesses have identified or failed to identify the individual as the suspect. In order to avoid undue influence, witnesses should view suspects or a lineup individually and outside the presence of other witnesses. Witnesses should be instructed to avoid discussing details of the incident or of the identification process with other witnesses. The eyewitness identification procedure should be audio and video recorded and the recording should be retained according to current evidence procedures. When it is not feasible to make a recording with both audio and visual representations, an audio recording should be made (Penal Code § 859.7). 604.6 DOCUMENTATION A thorough description of the eyewitness process and the result of any eyewitness identification should be documented in the case report. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Eyewitness Identification Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentEyewitness Identification - 3If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness should be included in the case report. In addition, the order in which the photographs were presented to the witness should be documented in the case report. 604.6.1 DOCUMENTATION RELATED TO RECORDINGS The handling member shall document the reason that a video recording or any other recording of an identification was not obtained (Penal Code § 859.7). 604.6.2 DOCUMENTATION RELATED TO BLIND ADMINISTRATION If a presentation of a lineup is not conducted using blind administration, the handling member shall document the reason (Penal Code § 859.