39471117 (1).pdf

\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G-77 POLICY AND PROCEDURE ENFORCEMENT RESCINDS: E-7 SUBJECT: Photo Lineups EFFECTIVE: October 1, 2011 REVISED: October 29, 2020 Table of Contents: I. Purpose II. Definitions III. Composing (Creating) the Photo Lineup IV. Conducting the Photo Lineup V. Alternative Methods VI. Documentation VII. Training VIII. Appendices I. PURPOSE: This policy establishes guidelines for the administration of simultaneous photo lineups. This policy shall apply to all sworn law enforcement personnel. Nothing herein is intended to create new rights of parties or grant a right or privilege not otherwise provided by law. II. DEFINITIONS: A. Eyewitness: A person whose identification by sight of another person may be relevant in a criminal proceeding. B. Filler Photos: Photographs of persons other than the suspect/subject, used to complete a photo array and bring the total number of photos in the array up to a minimum of six photos. C. Independent Administrator: A law enforcement officer administering a lineup or photo array, who is not participating in the investigation of a criminal offense, and has no knowledge of the suspect/subject’s identity in the lineup. D. Photo Array: The group of photographs used in a photographic lineup. The process of conducting a photo lineup is often called the “photo array.” The photo array shall be randomly compiled. ENFORCEMENT POLICY AND PROCEDURE Photo Lineups PP # E -7 PAGE 1 OF 6\n\n--- Page 2 ---\n\nE. Photographic Lineup: Showing photographs to an eyewitness for the purpose of identifying or eliminating suspects/subjects. The group of photos used in a photographic lineup is called a “photo array.” F. Simultaneously: Presentation of photos in a photo group or individuals in a lineup to a witness all at once rather than one-at-a-time. III. COMPOSING (CREATING) THE PHOTO LINEUP: A. A photo array should consist of six randomly assembled and numbered photographs. Each photo lineup shall include one photo of the suspect/subject and five filler photos. 1. If there are multiple suspects/subjects in a case, only one suspect/subject should be included in each photo lineup. 2. If there are multiple suspects/subjects in a case, each photo lineup for each different suspect/subject, should contain different filler photos. B. If there are multiple eyewitnesses, the suspect/subject’s photo shall be placed in a different position in the array for each witness, to the extent that is possible. C. All photographs should be of individuals who are reasonably similar in age, race, height, weight, and general appearance, and are of the same sex, in accordance with the witness’ description of the suspect/subject. The photo array should attempt to create a consistent appearance between the suspect/subject and the fillers with respect to any unique or unusual feature used to describe the suspect/subject. D. The following guidelines shall apply to photo arrays: 1. All photographs used should be of like background, size, and basic composition. 2. Color and black and white photos may not be mixed within the same photo array. 3. No identifying information about the subject should appear on any photos. 4. To the extent possible, avoid mixing photo sources. E. Photographic lineups created by another law enforcement agency or by approved Sheriff’s Office vendor (such as FaceLogics) that are administered in a Seminole County Sheriff’s Office investigation must conform to or exceed the standards of this policy. Deputies are required to verify compliance prior to administration. IV. CONDUCTING THE PHOTO LINEUP: A photo lineup must be administered by an Independent Administrator as defined in this directive. Any exception must executed in accordance with the Alternative Procedures listed below and FSS 92.70. The following guidelines shall apply to the Independent Administrator (hereafter Administrator) conducting the photo lineup: A. All Administrators are instructed to remain neutral at all times until after the procedure is completed. B. The photo lineup should be placed inside a closed file folder which has a written copy of the witness instructions (see Exhibit A) attached to the front of the file folder. ENFORCEMENT POLICY AND PROCEDURE Photo Lineups PP # E -7 PAGE 2 OF 6\n\n--- Page 3 ---\n\nC. The Administrator of the lineup should place the closed folder before the witness and instruct the witness not to open the folder. Before the witness opens the folder, the Administrator should read the following instructions aloud to the witness (see Exhibit A), and shall not engage in any additional commentary: 1. You will be asked to view a group of photos of individuals. 2. The person of interest may or may not be in this photo lineup and the photos are not in any particular order. 3. You should not feel that you have to make identification. 4. Take as much time as you need to look at each photograph. 5. Individuals presented in these photographs may not appear exactly as they did on the date of the incident because features such as head and facial hair are subject to change. 6. It is just as important to exclude innocent persons from suspicion as it is to identify the perpetrator. 7. The investigation will continue whether or not identification is made. 8. The Administrator does not know the suspect’s identity. 9. If you do identify someone, I will document your statements regarding your identification. 10 After viewing all of the photographs, if you can make identification, please initial the photograph of the person you have identified, sign and date the form, and close the folder. 11. Since this is an ongoing investigation, you should not discuss the photo lineup or the results with anyone. D. The Administrator shall obtain acknowledgment that the witness has read and understands the instructions. If the witness refuses or is unable to sign the acknowledgment, the administrator shall so note and sign the acknowledgment document. Advise the witness to open the folder and review the lineup. E. Audio or video recordings of a photo lineup will be at the discretion of the assigned case detective based upon the circumstances of the case and the prior information obtained in the investigation. F. Once the instructions have been read aloud, and the witness begins their review, the Administrator should position themselves away from the witness as the lineup is being viewed, taking all reasonable precautions to avoid any conduct that might directly or indirectly influence a witness’ decision. G. The Administrator will not provide any verbal or nonverbal feedback to the witness on the witness’ selection or the outcome of the lineup. H. In the event of multiple eyewitnesses, the photo lineup shall only be shown to one witness at a time. Ensure that the witnesses are separated so they will not be aware of the responses of other witnesses. I. When the witness has finished viewing the photo lineup, the witness should hand back the folder to the ENFORCEMENT POLICY AND PROCEDURE Photo Lineups PP # E -7 PAGE 3 OF 6\n\n--- Page 4 ---\n\nAdministrator. NOTE: If identification is made, confirm that the witness has initialed and dated the selected photo, and signed and dated the photo lineup. The Administrator shall sign and date the photo lineup. If the witness refuses to sign the lineup, the administrator will note the refusal and sign the array accordingly. J. Exhibit B shall be executed after the lineup has been administered, if identification is made. K. Following all photo lineups, and whether or not an identification is made, the folder containing the instructions and the photo lineup presented to the witness shall be packaged, sealed and submitted into the Evidence Unit, with a Café entry and Chain of Custody form, to be maintained for the criminal case. V. Alternative Methods (Florida Statutes 92.70): A. In the event an Independent Administrator is unavailable, and with the approval of a Sergeant or higher authority,