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SECTION: 705 EYEWITNESS IDENTIFICATION

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SECTION: 705

TITLE:     EYEWITNESS IDENTIFICATION

EFFECTIVE DATE:  February 15, 2017

 

 

PURPOSE:

The purpose if this policy is to provide procedures for obtaining objective results when preparing and conducting lineups. Eyewitness identification photographic displays are used by the Evangeline Parish Sheriff's Office. This policy defines the agency's commitment and the law enforcement official's responsibility in maintaining constitutional protections and due process of law during investigations involving eyewitness testimony.

 

 

POLICY:

It is the policy of this agency that eyewitness identifications be conducted in a manner most likely to assess witnesses' true and reliable recollections in compliance with state and federal constitutional requirements. Agency members shall afford witnesses, suspects, and defendants all legal rights that are afforded any citizen. The core objectives of this policy are to ensure constitutional rights by improving the ability of law enforcement officials to act appropriately during eyewitness identifications. Further, this policy is intended to reduce misidentifications, improve the reliability of identifications, and establish evidence that conforms to legal precedent.

 

 

PROCEDURES:

 

Document Eyewitness Identification Procedures:

  • Instructions to witnesses shall be read from the Eyewitness Identification form, which shall also include a witness's affirmation of his or her confidence statements.
  • When a photo lineup is developed, the lineup shall be printed for documentation.

 

 

 

 

ORGANIZE A PHOTOGRAPHIC LINEUP:

  • Law enforcement officials shall determine when a photographic lineup is appropriate.
  • Law enforcement officials shall obtain a thorough suspect description from each witness prior to presenting the photo lineup.
  • A photo lineup shall consist of no fewer than six photographs, including one of the suspect.
  • All photos shall be similarly sized and none shall be easily distinguished for the others. Filler photographs (not of suspect) should generally fit the description of the suspect.
  • When conducting a single lineup for multiple witnesses, photographs shall be renumbered for each witness.

CONDUCT A PHOTOGRAPHIC LINEUP:

  • Prior to a presentation, the law enforcement official shall read the witness instructions from the form ensuring and documenting the witness understands the instructions.
  • Photographic lineups shall be conducted by a blind administrator, who is unaware of the suspect's identity. If a blind administrator is impracticable, a blinded method, (the folder shuffle method, shall be employed.
  • If the law enforcement official knows who the suspect is and the blinded method is employed, an extra measure should be taken to prevent the law enforcement official from knowing which photo is being shown to the witness, and:
  1. The photos shall be placed in identical folders;
  2. The folders shall be shuffled and numbered; and
  3. Only the witness shall see the photograph
  • If conducting a simultaneous presentation, photographs are presented at the same time.
  • If using sequential presentation, the law enforcement official shall display the photographs to the witness by replacing one photograph with another so that no two are presented at the same time.
  • If using sequential presentation the law enforcement official shall present each photograph to the witness, even if the witness identifies a previous photograph as the suspect, and:
  1. At the request of the witness, the law enforcement official may present the photographs again;
  2. Each photograph must be presented and presented sequentially; and
  3. Witnesses shall be allowed to take as much time as needed before moving on.