Police Department Policy

162 PHOTOGRAPHIC LINEUPS AND SHOW-UP INDENTIFICATIONS

Village of El Portal Police Department

Policy Text
POLICY 162.0Photographic Lineups and Show-up Identification REVISED: 11 /2011 Revised: 4/2019RELATED POLICIES: Reviewed and Revised by Chief David Magnusson 4/2019 EFFECTIVE: JULY 30 TH , 2011 REVISED: AUGUST 1, 2007 I. DEFINITIONS II. COMPOSING AND CONDUCTING THE PHOTO LINEUP lII. CONDUCTING THE SHOW-UP REVISION NO: DATE: 07/30/11 OBJECTIVE:To establish standardized procedures for the witness identification process involving photo lineups and show-ups of individual(s) suspected of involvement in a criminal offense. The identification procedure will be conducted in a manner that promotes the accuracy, reliability, fairness and objectivity of the witness identification. These procedures are designed to ensure the accuracy of identification or non-identification decisions. POLICY:It is the policy of the Village of El Portal Police Department (EPPD) to maximize the reliability of suspect identifications, minimize unjust accusations against innocent persons, and to establish evidence that is reliable and conforms to established legal procedures. In cases involving multiple witnesses it will be the policy of the EPPD that only one witness at a time will view the selected lineup procedure. If there are multiple suspects and a show-up procedure is warranted, the suspects will be separated and subjected to separate show-up procedures. Major crimes such as homicides, sexual batteries, police involved shootings (whether police is shooter or victim), armed robberies with victims shot will be handled by the Miami-Dade Police Department. For the aforementioned crimes, unless directed to do so by a tending Miami-Dade Police Department lead investigator, there will be no need for nay Village of El Portal Police Department personnel to do photgraphic line ups and/or show-ups. SCOPE:All employees of this Department will be governed by the procedures set forth below. I.DEFINITIONS : A.Administrator: The person conducting the photo lineup. B.Suspect : The person believed by law enforcement to be involved in the commission of the criminal offense under investigation. C.“Double-blind” Procedure (Use of a Blind Administrator): A “double-blind” lineup is one in which neither the administrator nor the eyewitness knows who the suspect is. This prevents the administrator of the lineup from providing inadvertent or intentional verbal or nonverbal cues to influence the eyewitness to pick the suspect. Page 1 of 9 D.Witness : A person who observes another person at or near the scene of an offense. E.Filler : A photograph of a person who is not suspected of involvement in an offense and is included in an identification procedure F.Photo lineup : An identification procedure, in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to a witness in hard copy form for the purpose of determining whether the witness identifies the suspect as the perpetrator. 1.Simultaneous display: all subjects are presented for viewing at the same time by a witness. 2.Sequential display: subjects are presented one at a time for viewing by a witness. G.Show-up : An identification procedure in which a witness is presented with a single suspect for the purpose of determining whether the witness identifies this individual as the perpetrator. II.COMPOSING AND CONDUCTING THE PHOTO LINEUP : A.The following procedures will result in the composition of a photo lineup in which a suspect does not unduly stand out in comparison to the photos of the fillers. A witness identification of a suspect obtained through a photo lineup composed in this manner will minimize any risk of misidentification and have stronger evidentiary value than one obtained without these procedures . 1.Whenever practical, a “double-blind” procedure will be conducted. 2.Ensure that the administrator does not know who the suspect is (if a “double-blind” procedure is being used). 3.Whenever practical, the lineup will be audio or video recorded. 4.Include only one suspect in each identification procedure. 5.Select non-suspect fillers who generally fit the witness’ description of the perpetrator. When there is a limited or inadequate description of the perpetrator provided by the witness, or when the description of the perpetrator differs significantly from the appearance of the suspect, fillers will resemble the suspect in significant features. 6.Select a photo that resembles the suspect’s description or appearance at the time of the incident if multiple photos of the suspect are reasonably available to the investigator. 7.Include a minimum of five non-suspect fillers per identification procedure. 8.Consider placing the suspect in different positions in each lineup when conducting more than one lineup for a case due to multiple witnesses. 9.Avoid reusing fillers in lineups shown to the same witness when showing a new suspect. 10.Ensure that no writings or information concerning previous arrest(s) will be visible to the witness. 11.Once completed, view the array to ensure that no individual photo unduly stands out. 12.Prior to the photo lineup identification procedure,

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