go-81.pdf

\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Lineups and Show-ups CHIEF OF POLICE Signature on File Proudly Policing Since 1841 Nationally Accredited 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 81 08/20/2015 11/26/2024 20 AUTHORITY/RELATED REFERENCES CID-21, Training Plan FS 92.70, Eyewitness Identification General Order 16, Digital Audio/Video Recording System General Order 18, Criminal Investigations General Order 42, Impounding and Controlling of Property and Evidence ACCREDITATION REFERENCES CALEA Chapter 42 CFA Chapter 15 KEY WORD INDEX Administrative Protocols – Training and Policy Procedure VIII Photo Array – Creation and Composition Procedure I Photographic Lineup – Documentation/Evidence Procedure V Photographic Lineup – Functional Equivalent Procedure Procedure IV Photographic Lineup – Independent Administrator Procedure III Photographic Lineup – Presentation Protocols Procedure II Physical Lineup Procedures Procedure VII Show-up – Documentation/Evidence Procedure X Show-up Procedures Procedure IX Single Photo/Image In Lieu of Photographic Lineup Procedure VI POLICY Department members are responsible for conducting photographic lineups, physical lineups, and show-ups in a fair and impartial manner and adhering to established protocols in the course of criminal investigations.\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT DEFINITIONS Blank Photo: A blank sheet of paper the same size as the photographs utilized in a photo array. Driver and Vehicle Information Database (DAVID): A multifaceted database that affords immediate retrieval of driver and motor vehicle information for law enforcement and criminal justice officials. Filler Photo: A photograph of a person other than the suspect used in a photo array. Functional Equivalent Procedure (FEP): A sequential photographic lineup protocol utilized in the absence of an independent administrator, permitting the investigating member to conduct the lineup without knowing beforehand when the suspect photograph is presented to the witness. Independent Administrator: A member administering a photographic lineup or physical lineup who has no knowledge of the suspect’s identity. Investigating Member: The member with the primary responsibility for investigating a crime, either through self-initiation or assignment. Level of Confidence: The degree of certainty in an identification of a person which can be demonstrated through a witness’s statements or gestures made contemporaneous to viewing a photographic lineup, physical lineup, or show-up. Photo Array: The suspect photograph, filler photos, blank photos, and folders utilized in a photographic lineup. Photographic Lineup: The process by which a witness views a group of individuals with similar physical characteristics, in separate photographs sequentially, in an effort to identify the perpetrator of a specific crime. Physical Lineup: The process by which a witness views a group of individuals with similar physical characteristics, in person simultaneously, in an effort to identify the perpetrator of a specific crime. Show-Up: The process by which a witness is given the opportunity to view a person the police have detained within a short period of time after the incident. This process enables members to either identify the detained person as the suspect or release the person and focus attention on locating the actual person responsible for the crime. Witness: A person who personally sees, perceives, or knows something relative to a criminal act or non-criminal incident. GENERAL ORDER 81 PAGE 2 of 20 LINEUPS AND SHOW-UPS NOVEMBER 26, 2024\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT PROCEDURES I. PHOTO ARRAY – CREATION AND COMPOSITION A. It is the responsibility of the member who creates a photo array, and the member who conducts the photographic lineup, to ensure it is free of any item or condition that would render it biased, prejudicial, or inadequate for later presentation in a court of law. B. When creating a photo array, members shall ensure it consists of only: 1. One photograph of the suspect, 2. Five filler photos, 3. Two blank photos, and 4. Eight folders. C. When creating a photo array, members shall ensure the photographs are: 1. Contemporary photographs of individuals who are reasonably similar in age, height, weight, and general appearance and are of the same gender and race as the known suspect description, and 2. The same size and basic composition. D. When creating a photo array, members shall ensure it does not contain: 1. Photographs of multiple suspects from the same incident, 2. Any identifying information (i.e., name, date of birth) on any person included in the photo array, 3. A mix of black and white and color photographs, 4. A mix of mug shots and other photographs, or 5. More than one photograph or blank photo per folder. E. When creating a photo array, members shall ensure the folders used are of the same shape, size, color and condition. F. When creating a photo array for presentation by an independent administrator, GENERAL ORDER 81 PAGE 3 of 20 LINEUPS AND SHOW-UPS NOVEMBER 26, 2024\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT members are responsible for adhering to the following protocols: 1. Do not place the suspect photograph in the first folder to be presented. 2. Place the two blank photos in the seventh and eighth folders. 3. Number the photographs before the presentation of the photo array. 4. Do not number the blank photos. 5. Do not number the folders. 6. Transfer the folders to the independent administrator in the numerical order of the photographs (1 – 6) followed by the folders containing the blank photos (7 – 8). This order shall not be changed by the independent administrator. G. When creating a photo array for presentation utilizing the functional equivalent procedure (FEP), members are responsible for adhering to the following protocols: 1. Do not number the photographs before the presentation of the photo array. 2. Do not number the blank photos. 3. Do not number the folders. II. PHOTOGRAPHIC LINEUP – INDEPENDENT ADMINISTRATOR A. Members shall present photographic lineups by utilization of an independent administrator. 1. Only a sworn member can be utilized as an independent administrator. 2. Supervisors are responsible for assisting investigating members as necessary in selecting an independent administrator. 3. When the utilization of an independent administrator is not practical due to the time of day, location, or some other articulable exigent circumstance, investigating members are authorized to conduct the photographic lineup by use of the FEP. B. The investigating member shall not disclose the identity of the suspect to the independent administrator prior to the photographic lineup. GENERAL ORDER 81 PAGE 4 of 20 LINEUPS AND SHOW-UPS NOVEMBER 26, 2024\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT C. The independent administrator is responsible for adhering to the presentation procedures described in section IV below and on the Instruction, Admonition & Affidavit – Photographic Lineup by Independent Administrator form (PD 295). III. PHOTOGRAPHIC LINEUP – FUNCTIONAL EQUIVALENT PROCEDURE A. Utilization of the FEP is authorized only as described in subsection II A 3 above. B. The investigating member is responsible for adhering to the presentation procedures described in section IV below and on the Instruction, Admonition & Affidavit – Photographic Lineup by Functional Equivalent Procedure form (PD 296). IV. PHOTOGRAPHIC LINEUP – PRESENTATION PROTOCOLS A. Members are responsible for utilizing the PD 295 or PD 296 for each photographic lineup and strictly adhering to the instructions on the form which include: 1. Providing instruction and admonition to the witness prior to the presentation of the photo array. 2. Requesting the witness to: a. Acknowledge having received a copy of the lineup instructions (see subsections G and H below) and under