Police Department Policy

UCSF_04.06.20_-_Cold-Show_Procedures_2099449

UCSF PD

Policy Text
University of California, San Francisco Police Department General Orders 1 4.6 Patrol Operations 4.6.20 Cold -Show Procedures (Issued: 9/1/20 ) A cold -show is an identification procedure in which an eyewitness is presented with a suspect within a short period following the commission of a crime , for the purpose of determining if the witness will identify the suspect as a perpetrator. It shall be the policy of this Department to conduct cold-shows in a manner that reduces the risk of wrongful conviction and aid s in the detection and apprehension of offenders. Officers will adhere to the established procedures to maximize the reliability of witness identification, minimize the incidence of unjust accusations and establish evidence that witness identifications are reliable and in conformity with established legal procedure s. A. When Cold -Shows Are Permissible 1. An officer may arrange a "cold -show" between a witness and a suspect if the potential suspect is located and detained within a reasonable duration of time , in proximity to the location of the crime , and he/she fits the specific description of the perpetrator given by the witness. 2. If an officer has reasonable suspicion to detain a suspect under the above circumstances, the officer may use such force as is reasonably necessary to stop the suspect from leaving or cause the suspect to remain in the officer ’s presence. If probable cause to arrest develops during the detenti on, an arrest should be made. B. Guidelines for Conducting a Cold -Show 1. Detention The suspect will not be detained longer than is reasonably necessary to confirm or refute whether the suspect is the perpetrator. 2. Location The suspect should be de tained at the place he/she was located , in the least restrictive manner possible to ensure the suspect remains with the officer. The witness should be transported to the suspect's location for the cold -show. Suspects should not be transported to the witnes s's location unless exigent circumstances exist. 3. Description Officers at the scene and in contact with the witness shall obtain a detailed description of the perpetrator before the suspect is shown to the witness. The witness must advise the officers that they will be able to recognize the person who committed the crime prior to the cold -show. 4. Instructing the Witness Officers will read the Cold Show Admonition form to the witness prior to viewing the suspect . Advise the witness that the person de tained may or may not be the perpetrator and the witness should not feel compelled to make an identification. If the witness makes an identification, do not confirm or corroborate it. University of California, San Francisco Police Department General Orders 2 5. Minimiz ing Suggestiveness If avoidable , do not show the suspect hand cuffed or in the back seat of a patrol car. If the suspect is handcuffed, take measures to conceal this fact from the witness when ever possible. Suspects may not be required to put on clothing worn by the perpetrator. However, they may be asked, but not required, to speak words uttered by the perpetrator or perform other actions of the perpetrator. 6. Multiple Witnesses Cold -Show s should not be conducted with more than one witness present at the same time. If there is more than one witness, the cold -show must be conducted separately for each witness, and witnesses should not be permitted to communicate , before or after any cold -show , about identification of the suspect. The same suspect should not be presented to the same witness more than once. 7. Witness Confidence At the direction of the San Francisco County District Attorney’s Office, witness confidence should only be expressed as an affirmative or negative selection, avoiding percentages of confidence. 8. Multiple Suspects If there are multiple suspects, the suspects must be separated and subjected to separate cold -show procedures. 9. Photographing Suspects Consideration should be given to photographing the suspect(s) in the field as documentation. 10. Emergency/Exigent Circumstances In emergency circumstances, such as when a witness is in danger of imminent death or blindness or when a suspect is in danger of imminent death, an immediate cold - show may be arranged if medical authorities permit. In these situations, time and location limitations contained in the preceding guidelines can be disregarded. If there is any doubt about an emergency cold -show, offic ers should contact a supervisor and/or the prosecutor immediately for guidance. 11. Cruising Area of Offense Nothing in these guidelines prohibits the common procedure of transporting a witness in a patrol car to cruise the general area in which a crime occurred , in hopes of spotting the perpetrator and arranging a cold -show identification procedure. 12. Right to a Lawyer No person has a right to have a lawyer present at any cold -show procedure. 13. Release After Cold -Show If a detained suspect is not identified by a witness as a perpetrator and officers lack any other probable cause for an arrest, the suspect should be released after basic information is obtained . D. Documenting Cold -Show Results 1. All information regarding identification procedur es shall be documented in the officer's written report, including : University of California, San Francisco Police Department General Orders 3 a. Identification and non -identification results b. Confidence or certainty statements made by the w itness (these should be quoted) c. Names of all persons present d. Date, tim e and locati on e. Any photographs taken f

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