doc_1835949

WINDERMERE POLICE DEPARTMENT GENERAL ORDER Effective Date: October 14, 202 5  Rescinds  Amends 7.2 (October 4 , 2022) Number: 7.2 SUBJECT: Lineups and Eyewitness Identification Print Date: 10/ 14/25 Distribution: All Personnel Review Month: October This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this General Order is to provide guidelines for preparing non -suggestive show -ups, photographic or physical (live) lineups for the purposes of eyewitness identification of a suspect involved in an investigation. All line ups conducted by Windermere Police Department personnel will be conducted in such a way that a witness in the case is not subjected to unduly suggestive methods in order to ensure reliable and accurate identifications , and to be compliant with the Eyewitness Identification Ac t (FS 92.70 ). 2. Policy When photographic and/or live lineups are necessary, Windermere Police Department personnel will compose them in such a manner that the suspect does not unduly stand out. When administering any lineup, no person aware of the suspect’s identification other than the investigator administering the lineup and (in the case of a live lineup where the right to counsel been invoked) the suspect’s attorney may be present, except when necessary for training purposes. The manner in which an identification procedure is conducted can affect the reliability, fairness and objectivity of the identification. Use of the procedures outlined in this policy can minimize the effect of external influences on a witness’ memory. Identification obtained through a lineup composed in t his manner may have stronger evidentiary value than one obtained without these procedures. 7.2, Page 2 3. Definitions A. Blank Photo: A sheet of paper the same size as the photos utilized in the photo lineup that is blank, with no photo showing. (Blank photos are utilize d in sequential photo lineups.) B. Filler Photos: Photographs of persons other than the suspect, used to complete a photo array and bring the total number of photos in the array up to a minimum of six photos. C. Functional Equivalent Procedures: Procedures uti lized when an independent administrator is not utilized, permitting the investigator to conduct a sequential photographic lineup in a manner that precludes him or her from knowing when the suspect is presented to the witness. D. Independent administrator: A p erson who is not participating in the investigation of a criminal offense and is unaware of which person in the lineup is the suspect. E. Line up administrator: A person who conducts a lineup. F. Lineup: A lineup is any procedure in which a witness to a crime or other incident is asked to identify a suspect from among a group of individuals. G. Live Lineup: Live presentation of individuals, before an eyewitness, for the purpose of identifying or elim inating suspects. Live lineups may present the persons in the lineup simultaneously, or sequentially. Live lineups are sometimes called “physical lineups.” H. Photo Array: The group of photographs utilized in a photographic lineup. A photo array may be pres ented to the witness simultaneously or sequentially. The process of conducting a photographic lineup is often called the “photo array.” I. Photographic Lineup: Showing photographs to an eyewitness for the purpose of identifying or eliminating suspects. Photo graphic lineups may be presented simultaneously, or sequentially. J. Sequentially: Presentation of photos in a photo group or individuals in a lineup to a witness one‐at‐a‐time rather than all at once (simultaneously). K. Show up: A single suspect viewed by a victim or witness immediately following the commission of a crime for the purpose of identifying or eliminating the suspect as the perpetrator. L. Simultaneously: Presentation of photos in a photo group or individuals in a lineup to a witness all at once ra ther than one‐at‐a‐time (sequentially). 7.2, Page 3 4. Procedures A. Photo Arrays/Lineups [15.13M(B)] [15.13M(C)] Photographic Line -ups provide valuable evidence in criminal cases when properly administered and documented. Agency members participating in the use of photo lineups shall be familiar with this General Order. When possible, photographic lineups shall be c onducted by an independent administrator. When possible, photographic lineups shall be video or audio recorded. When the use of an independent administrator is impractical, personnel involved in the investigation of a criminal offense who are aware of wh ich person in the lineup is the suspect may use functional equivalent procedures . When using functional equivalent procedures , personnel conducting a photographic lineup will show the photographs sequentially, and will do so in accordance with F.S. 92.70( 3)(a)2. When using functional equivalent procedures , personnel will position themselves in a way they cannot see which photograph is being presented to the witness until after the lineup is complete. Lineups using functional equivalent procedures shall be video recorded. F.S. 92.70(3)(a)1 -3 provides examples of functional equivalent procedures. 1. Sequential photo lineup [15.13M -(A)] [15.13M(F)] Note: The sequential photo lineup is the preferred method of conducting photographic lineups; however, it is not meant to be the only method