Police Department Policy

04 - V3-03 Photo Packs Line-Ups and Show-Ups

St. Petersburg PD

Policy Text
Revisions or additions are highlighted 1 (04/29/2024 ) ST. PETERSBURG POLICE DEPARTMENT INSTRUCTIONAL ORDER Subject: PHOTO PACKS, LINE -UPS AND SHOW -UPS Index as: Blind Administrator Line-ups Show -ups Eyewitness Identification Procedures Live Line -up Street Identification (Show -ups) Field Show -up Photographic Line-ups Independent Administrator Photo Packs Accreditation Standards: 42.2. 9, 42.2.10, CFA 15.13 , 15.14 Cross Reference: G.O. III -06, Juvenile Procedures III-40, Mobile Video Recording Systems (MVRS) §§ 92.70 and 985.11, F lorida Statutes State v. Dorsey, 5 So .3d 702 (2d DCA 2009) Replaces : I.O. V.3: 03, Photo Packs, Line -Ups and Show -Ups ( March 12, 2019 ) This Order establishes procedures for conducting physical and photographic line -ups (photo packs) and also on -street identifications (show -ups) to identify suspects during the investigation of a criminal act. It consists of the following sections: I. Policy II. Definitions III. Factors Affecting the Reliability of Eyewitness Identification IV. Photo Pack Identification Procedures V. Physical or “Live” Line -Up Procedures VI. Field Show -Up Procedures VII. Training I. POLICY A. Eyewitness identification procedures, including physical and photographic line -ups and/or on -street show -ups, are an acceptable investigative tool to aid in establishing probable cause for a suspect or the elimination of a suspect. B. These types of procedures should be considered as one piece of information to support other corroborative evidence accumulated during the investigation . C. Eyewitness identification procedures, particularly on -street identifications (show -ups), are subject to close review to ensure they are conducted fairly and without suggestion. The circumstances of the actual process and outcome must be thoroughly and a ccurately recorded in the police report. D. In all eyewitness identification situations where more than one eyewitness is available , the officer will make every effort to keep the eyewitnesses separated . The presentation of the suspect to the eyewitness , whet her it be through a photo pack, a physical or “live” line -up, or a show -up, will be conducted separately. E. The investigator may elect to make an audio or video recording of the process. See III-40, Mobile Video Re cording Systems (MVRS) . DATE OF ISSUE EFFECTIVE DATE NUMBER April 2024 Immediately V.3:03 Distribution: All Employees Instructional Order V.3:03 Revisions or additions are highlighted 2 (04/29/2024 ) II. DEFINITIONS A. Field Show -up (On-street Identification) – A witness views a single suspect for the purpose of identifying the suspect as the perpetrator of the crime. B. Filler – Either a person or a photograph of a person who is NOT suspected of an offense and is included in an identi fication procedure. C. Independent or “Blind” Administrator – An investigator administering a line -up or photo array who has no knowledge of the suspect’s identity. D. Photographic Line -up (Photo Pack) – A selected group of photographs of persons presented seq uentially to a witness, containing a single suspect and several “fillers” for the purpose of determining whether the witness is able to identify the suspect as the perpetrator of the crime. E. Physical or “Live” Line -up – A selected group of persons presente d to a witness, containing a suspect and several “fillers” for the purpose of determining whether the witness is able to identify the suspect as the perpetrator of the crime. III. FACTORS AFFECTING THE RELIABILITY OF EYEWITNESS IDENTIFICATION A. Place and manner in which the identification was conducted. B. Opportunity ( i.e., time, distance, lighting, attention, etc.) of the person to observe the offense. C. Any previous identification by the victim/witness of another person or t he suspect. D. The accuracy of the victim/witness’ prior description of the suspect. E. Previous failure of the person to identify the suspect. F. Time lapse between the offense and the identification process. G. Level of certainty demonstrated by the victim/witness at the time of the identification. IV. PHOTO PACK IDENTIFICATION PROCEDURES A. Policy 1. A photo pack array will be conducted by an independent administrator. Exceptions to this requirement may be met by the law enforcement agency: a. Administering the photo lineup to an eyewitness via an automated computer program such that the lineup administrator is prevented from seeing which photograph the eyewitness is viewing until after the procedure is completed. b. Placing photographs in folders, randomly numbered, and shuffled and then presented to an eyewitness such that the lineup administrator cannot see or track which photograph is being presented to the eyewitness until after the procedure is completed. c. Achieving neutral administration throu gh any other procedure and which prevents the lineup administrator from knowing which photograph is being presented to the eyewitness during the identification procedure. 2. A single photograph display is permissible when the full identity of the suspect is already known by the victim or a witness. a. The sole purpose of a single photo display is for the officer’s assurance and confirmation that the known suspect is, in

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