Loading...
HomeMy WebLinkAboutPHOTO & SHOW-UP 13.10A TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: PHOTO LINEUP & SHOW-UPS GENERAL ORDER: 13.10A EFFECTIVE: August 1, 2012 RESCINDS: 13.10 PAGES: 5 CONTENTS: This order consists of the following numbered sections: I.CREATING THE PHOTO LINEUP II. CONDUCTING THE PHOTO LINEUP III.TRAINING IV.SHOW-UPS V.GLOSSARY PURPOSE: To establish guidelines for photo lineups. SCOPE: This order applies to all sworn department members. DISCUSSION: The purpose of this General Order is to establish guidelines for the administration of photo lineups in an effort to promote accurate and reliable eyewitness identification and to minimize the possibility of erroneous identifications. This General Order shall apply to all agency law enforcement personnel. PROCEDURE: I. CREATING THE PHOTO LINEUP A. A photo lineup or array should consist of a minimum of six photographs. Include only one photo of the suspect and a minimum of five filler photos. 1. If there are multiple suspects in a case, only one suspect should be included in each lineup. 2. If there are multiple suspects in a case, each lineup shall contain different filler photos. 3. If there are multiple eyewitnesses, the suspect’s photo shall be placed in a different position in the array for each witness. B. All photographs used should be of individuals, who are reasonably similar in age, height, weight, and general appearance and are of the same sex and race, in accordance with the witness’s description of the suspect. G.O. 13.10A C. All photographs used should have the same background and be of the same size and basic composition. 1. No particular photo should stand out in the array. 2. Do not mix color and black and white photos. 3. No identifying information about the subject should appear on any photo. IICONDUCTING THE PHOTO LINEUP . A. The photo array created should be placed inside a closed folder which has a written copy of the witness’s instructions, as set forth in Section II(B), attached to the front of the folder. 1. If reasonably available, it may be preferable to use an individual who is not involved in the investigation or who is not aware of the suspect’s identity to administer the lineup. 2. If possible, the entire photo lineup identification process, including the verbal instructions, the viewing of the photographs, and the identification or lack thereof should be audio or video recorded. B. The person administering the lineup should place the closed folder before the witness. Prior to the witness opening the folder, the person administering the lineup should read the following instructions aloud to the witness (in the witness’s primary/ native language) and should not engage in any additional commentary (also attached as Annex B): 1. You will be asked to view a group of photos of individuals. 2. The person of interest may or may not be in this photo array and the photos are not in any particular order. 3. You should not feel that you have to make identification. 4. Take as much time as you need to look at each photograph. 5. Individuals presented in these photographs may not appear exactly as they did on the date of the incident because features such as head and facial hair are subject to change. 6. It is just as important to exclude innocent persons from suspicion as it is to identify the perpetrator. 7. The investigation will continue whether or not identification is made. 8. After viewing all the photographs, if you can make an identification, please initial and date the photograph of the person you have identified and close the folder. 9. After viewing all the photographs, if you cannot make a positive identification, you may, if you wish, inform me of any photograph that you believe most resembles the person you saw. 10. Since this is an ongoing investigation, you should not discuss this photo lineup or the results. 11, Please open the folder and review the photo array. C. Once the instructions have been read aloud, and the witness begins his or her review, the person administering the lineup should either leave the room or stand behind the witness as the array is being viewed and take all reasonable precautions to avoid giving any unintentional cues to the witness. D. In the event of multiple eyewitnesses, show the photo array to only one witness at a time. Separate witnesses so they will not be aware of the responses of other witnesses. E. Once the witness has finished viewing the photo array and the folder is handedback, the person administering the lineup should ask if there was a photo of the person observed by the witness. 2 G.O. 13.10A 1. If identification is made, confirm that the witness has initialed and dated the selected photo. If the witness refuses to sign the array, the person administering the lineup shall note the refusal and sign the array accordingly. F. The person administering the lineup should not comment on selections or the outcome of the lineup in any way. G. Following all photo lineups, and whether or not a positive identification is made, the folder (with the instructions attached) and the photo array presented to the witness, should be submitted to the Evidence Unit to be maintained for the criminal case. When applicable a “Photo Array Affidavit” will be completed and submitted along with the photo array. H. Following all photo lineups, and whether or not a positive identification is made, the person administering the lineup shall file a supplemental report which includes: 1. The names of all persons present at the lineup 2. The date, time, and location of the lineup 3. The source of the photographs used 4. Whether identification was made 5. The words used by the witness in any identification 6. The reason or basis for any deviation from the photo lineup guidelines III. TRAINING A. Agency sworn members shall receive training during FTO and then every 3 years. IV. SHOW-UPS 1. WHEN SHOW-UPS ARE PERMISSIBLE: A. A “show-up” between a witness and a suspect may be arranged whenever a potential suspect is located and detained within a reasonable length of time, in proximity to the location of the crime, and fits the specific description of the suspect given by the witness. B. If there is reasonable suspicion to detain a suspect under the above circumstances, an officer may use force as reasonably necessary to stop the suspect from leaving, or to cause the suspect to remain in the officers presence. If probable cause to arrest develops during the detention , an arrest should be made. 2. CONDUCTING SHOW-UPS: A suspect cannot be detained for longer than a reasonable period of time to confirm or refute whether the suspect is the perpetrator. When conducting a show-up, the following guidelines will be used. A. When at the scene and in contact with the witness, obtain a detailed description of the suspect before the suspect is shown to the witness. The witness must advise that they will be able to recognize the person who committed the crime prior to the show-up. B. The suspect should be detained at the place he/she was located. The witness should be transported to the suspect’s location for the show-up. Suspects should not be transported to the witness’ location unless exigent circumstances exist. 3 G.O. 13.10A C. Prior to the show-up, instruct the witness that the person they are about to see may or may not be the person who committed the crime and they should not feel compelled to make an identification. The officer should explain that the identification process is to exonerate the innocent as well as to identify the suspect. D. If possible, the suspect should not be shown handcuffed or in the back seat of a patrol car. If the suspect is handcuffed, measures should be taken to conceal this fact from the witness when possible. E. Suspects may not be required to put on clothing worn by the offender. However, they may be asked, but not required to speak words uttered by the suspect, or perform other actions of the suspect. F. Officers should avoid words or conduct of any type that may affect the judgment or perception of the witness, or suggest to the witness that the individual is or may be the suspect. G. When there are multiple suspects, the suspects must be separated and subjected to separate show-up procedures. H. No person has a right to have a lawyer present at any show-up unless they are being questioned about the crime or are asked to speak words uttered by the perpetrator. I. If the witness makes identification, avoid any comments or actions that suggest the witness did or did not identify the suspect when the show-up is completed. Feedback may not be given to the witness as to the identification. J. The witness’ confidence level will be immediately assessed following the show-up identification. The witness will be asked if the person they saw committed the crime. If the witness answers yes, the officer should ask them to describe how certain they are. K. Show-ups should not be conducted with more than one witness present at a time. If there is more than one witness, the show-up must be conducted separately for each witness, and witnesses should not be permitted to communicate before or after any show-up regarding the identification of the suspect. The same suspect should not be presented to the same witness more than once. L. Following all show-ups and whether or not a positive identification is made, the officer will complete an incident/offense report which should include the following: 1. The names of all persons present when the show up was conducted with the witness. 2. Circumstances surrounding the detention of the suspect. 3. whether or not identification was made. 4 G.O. 13.10A 4. The witness’s response and exact words used in any identification to include their confidence level. 5. The reason or basis for any deviation from the show-up guidelines. IV. DEFINITIONS PHOTO LINEUP OR ARRAY: A group of photographs shown to an eyewitness for the purpose of identifying or eliminating suspects. SHOW-UP: An identification procedure in which a witness is presented with a single suspect for the purpose of determining whether the witness visually identifies the individual as the perpetrator. SUSPECT: The person believed by law enforcement to be the possible perpetrator of a crime. WITNESS: The person who observes another person at or near the scene of an offense. INDEXING: PHOTO LINEUP SHOW-UPS DRAFTED GPP/July 2012/Filed: Photo Lineups APPROVED: Pete Pitocchelli, Chief Date: August 1, 2012 Tequesta, Florida 5 G.O. 13.10A Tequesta Police Department Photo Array Affidavit Case #:__________________ Date:____________________ Witness/Victim:_____________________ Investigator/Officer Conducting Line-up________________________ Witness/Victim Instructions: “In a moment I am going to show you a group of photographs. This group of photographs may or may not contain a picture of the person who committed the crime now being investigated. Keep in mind that hair styles, beards, and moustaches maybe have been changed. Also, photographs may not always depict the true complexion of a person; it may be lighter or darker than shown in the photo. Pay no attention to any markings or numbers that may appear on the photos or any other differences in the type or style of the photographs. Take a few minutes to relive the entire incident in your mind before you view the line-up. When you have looked at all the photos, tell me whether you see the person who committed the crime. If you recognize the person who committed the crime in the lineup circle the photo, initial and date next to the circled photo. Then complete this form noting which photo number the person is displayed in, where you recognize the person from and what circumstances were of that contact. The investigation will continue whether or not an identification is made by you. Do not tell other witnesses that you have or have not identified anyone.” View the photographic line up presented to you. Did you see the person that committed the crime in this line up? YES or NO If identification was made, which photo number is the person displayed in ? ________ ____________________________________________________Signed Witness/Victim Sworn to and subscribed before me this________________day of________________20________ _____________________________________________________ Notary/Police Officer 6 G.O. 13.10A 7