SHOWUPS, PHOTOGRAPHIC IDENTIFICATIONS AND LINEUPS Model Policy Effective Date February 1992 Number Subject Showups, Photographic Identifications and Lineups Reference Special Instructions Distribution Reevaluation Date No. Pages 2 I. PURPOSE It is the purpose of this policy to establish guidelines for the use of eyewitness identifications involving showups, photographic identifications and lineups. II. POLICY Eyewitness identification is a frequently used investigative tool. As such, officers shall strictly adhere to the procedures set forth here in order to maximize the reliability of identifications, minimize unjust accusations of innocent persons and to establish evidence that is reliable and conforms with established legal procedure. III. DEFINITIONS A. Showup: The presentation of one suspect to an eyewitness in a short time frame following commission of a crime. B. Photo Array: The showing of several photographs to an eyewitness for the purpose of obtaining an identification. C. Lineup: The presentation of a number of individuals, including the suspect, simultaneously before an eyewitness. IV. PROCEDURES A. Showups Many courts have suppressed identification evidence based on the use of showups because of the inherent suggestiveness of the practice. Therefore, the use of showups should be avoided whenever possible in preference for the use of a lineup. However, when exigent circumstances require the use of showups, the following guidelines should be followed. 1. Showups should not be conducted when the suspect is in a cell, manacled or dressed in jail clothing. 2. Showups should not be conducted with more than one witness present at a time. If the showup is conducted separately for more than one witness, the witnesses should not be permitted to communicate before or after the showup regarding the identification of the suspect. 3. The same suspect should not be presented to the same witness more than once. 4. Showup suspects should not be required to put on clothing worn by the perpetrator, to speak words uttered by the perpetrator or to perform other actions of the perpetrator. 5. Words or conduct of any type by officers that may suggest to the witness that the individual is or may be the perpetrator should be scrupulously avoided. B. Photographic Identifications In conducting photographic identifications officers shall adhere to the following procedures. 1. Photographic identifications must use multiple photographs shown individually to a witness or simultaneously in a book or array. 2. Principles for conducting lineups generally apply to photo identifications. In particular, officers shall a. use at least six photographs of individuals who are reasonably similar in age, height, weight and general appearance and of the same sex and race; b. whenever possible, avoid mixing color and black and white photos, use photos of the same size and basic composition, and never mix mug shots with other snapshots or include more than one photo of the same suspect; c. cover any portions of mug shots or other photographs that provide identifying information on the subject, and similarly cover those used in the array; d. show the photo array to only one witness at a time; e. never make suggestive statements that may influence the judgment or perception of the witness, and f. preserve the photo array, together with full information about the identification process, for future reference. C. Lineups 1. The primary investigating officer shall be responsible for a. scheduling the lineup on a date and at a time that is convenient for all concerned parties, to include the prosecuting attorney, defense counsel and all witnesses, b. fulfill the necessary legal requirements for transfer of the subject to the lineup location should he be incarcerated at a detention center, make timely notice to the detention center concerning the pickup and make arrangements for picking up the prisoner; and c. make arrangements to have four to six other persons act as "fill ins" at the lineup who are of the same race, sex and approximate height, weight, age and physical appearance and who are similarly clothed. 2. The officer in charge of conducting the lineup shall a. ensure that the prisoner has been informed of his right to counsel if formal charges have been made against him, and also ensure that he has the opportunity to retain counsel or request that one be provided; b. obtain a written waiver on the prescribed departmental form should the prisoner waive his right to counsel; c. allow counsel representing the accused sufficient time to confer with his client prior to the lineup and observe the manner in which the lineup is conducted; d. advise the accused that he may take any position in the lineup which he prefers and may change positions prior to summoning a new witness; e. ensure that all persons in the lineup are numbered consecutively and are referred to only by number; f. ensure that a complete written record and videotape recording of the lineup proceedings is made and retained; g. ensure that witnesses are not permitted to see nor are they shown any photographs of the accused immediately prior to the lineup; h. ensure that not more than one witness views the lineup at a time and that they are not permitted to speak with one another during lineup proceedings; and i. scrupulously avoid using statements, clues, casual comments or providing unnecessary or irrelevant information that in any manner may influence the witnesses' decision-making process or perception. This project was supported by Grant No. 87-SN-CX-KO77 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The Assistant Attorney General, Office of Justice Programs, coordinates the activities of the following program offices and bureaus: the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile and Delinquency Prevention, and the Office of Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice. Every effort has been made by the IACP National Law Enforcement Policy Center staff and advisory board to ensure that this model policy incorporates the most current information and contemporary professional judgment on this issue. However, law enforcement administrators should be cautioned that no "model" policy can meet all the needs of any given law enforcement agency. Each law enforcement agency operates in a unique environment of federal court rulings, state laws, local ordinances, regulations, judicial and administrative decisions and collective bargaining agreements that must be considered. In addition, the formulation of specific agency policies must take into account local political and community perspectives and customs, prerogatives and demands; often divergent law enforcement strategies and philosophies, and the impact of varied agency resource capabilities among other factors.