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Questions and Answers
What must be considered when determining a reasonable number of photographs for witness identification?
What must be considered when determining a reasonable number of photographs for witness identification?
What is the right of a person during a photographic identification procedure?
What is the right of a person during a photographic identification procedure?
What happens if one witness makes a positive identification during a photographic procedure?
What happens if one witness makes a positive identification during a photographic procedure?
What should an officer do with the photographic display after a line-up identification process?
What should an officer do with the photographic display after a line-up identification process?
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What must happen if the photographic display cannot be returned to the investigative unit after the line-up?
What must happen if the photographic display cannot be returned to the investigative unit after the line-up?
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What is the minimum number of photographs required for a photographic identification, including the suspect's photo?
What is the minimum number of photographs required for a photographic identification, including the suspect's photo?
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Which protocol should be followed when presenting the photographs during a line-up?
Which protocol should be followed when presenting the photographs during a line-up?
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What should be recorded on the Line-Up Identification form (Form 200-12)?
What should be recorded on the Line-Up Identification form (Form 200-12)?
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Why might a photographic identification be used instead of a physical lineup?
Why might a photographic identification be used instead of a physical lineup?
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Who is recommended to present the photographic line-up to the witness?
Who is recommended to present the photographic line-up to the witness?
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What must be included in the officer's report following the presentation of a photographic line-up?
What must be included in the officer's report following the presentation of a photographic line-up?
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What should an officer do before displaying the line-up photographs?
What should an officer do before displaying the line-up photographs?
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What is a mug book or yearbook used for in the identification process?
What is a mug book or yearbook used for in the identification process?
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What is the requirement regarding attorney presence during a photographic identification procedure?
What is the requirement regarding attorney presence during a photographic identification procedure?
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What should an officer do if witnesses are not able to positively identify the suspect during the photographic identification?
What should an officer do if witnesses are not able to positively identify the suspect during the photographic identification?
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Why should witnesses not be informed if they have identified the correct suspect in the photographic identification process?
Why should witnesses not be informed if they have identified the correct suspect in the photographic identification process?
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What must officers do with the photographic display after completing the line-up identification process?
What must officers do with the photographic display after completing the line-up identification process?
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How should the evidence from the photographic display be handled if returning it to the investigative unit is not possible?
How should the evidence from the photographic display be handled if returning it to the investigative unit is not possible?
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Explain the importance of using an officer who does not know the identity of the suspect during a photographic identification.
Explain the importance of using an officer who does not know the identity of the suspect during a photographic identification.
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What is the purpose of recording both positive and negative identifications during a photographic line-up?
What is the purpose of recording both positive and negative identifications during a photographic line-up?
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Why is it necessary to present photographs in a random order during a photographic identification?
Why is it necessary to present photographs in a random order during a photographic identification?
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Describe the role of the Line-Up Identification form (Form 200-12) in the photographic identification process.
Describe the role of the Line-Up Identification form (Form 200-12) in the photographic identification process.
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What should an officer do before presenting photographs to a witness in a photographic line-up?
What should an officer do before presenting photographs to a witness in a photographic line-up?
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What are the consequences of not adhering to the established protocols during a photographic identification?
What are the consequences of not adhering to the established protocols during a photographic identification?
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When might officers resort to using a mug book or yearbook in the identification process?
When might officers resort to using a mug book or yearbook in the identification process?
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What specific actions must be taken after the photographic line-up is presented to a witness?
What specific actions must be taken after the photographic line-up is presented to a witness?
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A photographic identification can occur when the suspect is in custody.
A photographic identification can occur when the suspect is in custody.
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The required number of photographs for a photographic identification includes the suspect's photo and at least five fillers.
The required number of photographs for a photographic identification includes the suspect's photo and at least five fillers.
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The photographs in a lineup should be presented in a specific predetermined order.
The photographs in a lineup should be presented in a specific predetermined order.
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A separate Line-Up Identification form must be completed for each person viewing the photographic line-up.
A separate Line-Up Identification form must be completed for each person viewing the photographic line-up.
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The officer presenting the line-up should have knowledge of the suspect's identity.
The officer presenting the line-up should have knowledge of the suspect's identity.
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After the line-up identification, both positive and negative identifications must be recorded in writing.
After the line-up identification, both positive and negative identifications must be recorded in writing.
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A mug book or yearbook is utilized only when there is a particular suspect identified.
A mug book or yearbook is utilized only when there is a particular suspect identified.
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Witnesses should not be informed if they have identified the correct suspect during the photographic identification process.
Witnesses should not be informed if they have identified the correct suspect during the photographic identification process.
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Witnesses have a right to have a lawyer present during photographic identification procedures.
Witnesses have a right to have a lawyer present during photographic identification procedures.
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Photographic displays used for witness identification must be preserved for future court presentations.
Photographic displays used for witness identification must be preserved for future court presentations.
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If one witness positively identifies a suspect, all other witnesses are required to make a similar identification.
If one witness positively identifies a suspect, all other witnesses are required to make a similar identification.
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Officers must immediately inform witnesses if they have identified the correct suspect during the identification process.
Officers must immediately inform witnesses if they have identified the correct suspect during the identification process.
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The number of photographs shown to witnesses is determined entirely by the officer's discretion.
The number of photographs shown to witnesses is determined entirely by the officer's discretion.
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What is the minimum number of photographs required to conduct a photographic identification, including the suspect's photo?
What is the minimum number of photographs required to conduct a photographic identification, including the suspect's photo?
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A photographic identification can only occur when the suspect is in custody.
A photographic identification can only occur when the suspect is in custody.
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What should officers do before presenting photographs to a witness in a photographic line-up?
What should officers do before presenting photographs to a witness in a photographic line-up?
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A separate Line-Up Identification form (Form 200-12) must be completed for each person viewing the __________.
A separate Line-Up Identification form (Form 200-12) must be completed for each person viewing the __________.
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Match the following procedural steps with their corresponding actions in the photographic identifications process:
Match the following procedural steps with their corresponding actions in the photographic identifications process:
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Which of the following is NOT a requirement during a photographic identification?
Which of the following is NOT a requirement during a photographic identification?
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The officer presenting the line-up should also know the identity of the suspect.
The officer presenting the line-up should also know the identity of the suspect.
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What type of photographs may be used when there is no particular suspect identified?
What type of photographs may be used when there is no particular suspect identified?
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What happens if one witness identifies a suspect positively during a photographic identification procedure?
What happens if one witness identifies a suspect positively during a photographic identification procedure?
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Witnesses have a right to have a lawyer present during photographic identification procedures.
Witnesses have a right to have a lawyer present during photographic identification procedures.
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What must an officer do with the photographic display after completing the line-up identification process?
What must an officer do with the photographic display after completing the line-up identification process?
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A reasonable number of photographs for identification is determined by assessing the physical characteristics of the mug shot identified as compared to the number of photos viewed, which resemble the _____ .
A reasonable number of photographs for identification is determined by assessing the physical characteristics of the mug shot identified as compared to the number of photos viewed, which resemble the _____ .
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Match the following steps with their respective actions in the identification process:
Match the following steps with their respective actions in the identification process:
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What must an officer do before emailing a search warrant to the court?
What must an officer do before emailing a search warrant to the court?
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An electronic signature can be a scanned signature included in the affidavit.
An electronic signature can be a scanned signature included in the affidavit.
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What email address should the officer send the search warrant and affidavit to?
What email address should the officer send the search warrant and affidavit to?
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The officer should contact the ___________ for status updates if they do not receive a timely response from the Reviewing Judge.
The officer should contact the ___________ for status updates if they do not receive a timely response from the Reviewing Judge.
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Match each document with its purpose in the search warrant process:
Match each document with its purpose in the search warrant process:
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What is the purpose of the Reviewing Judge contacting the officer?
What is the purpose of the Reviewing Judge contacting the officer?
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The signed warrant sent back to the officer is considered a copy and not the original warrant.
The signed warrant sent back to the officer is considered a copy and not the original warrant.
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How many days does the officer have to act after the judge signs the warrant?
How many days does the officer have to act after the judge signs the warrant?
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Study Notes
Photographic Identification Procedures
- Photographic identifications involve a witness viewing a series of photographs to identify a perpetrator, typically used when a physical lineup is not feasible.
- The process requires including the suspect's photo and at least five fillers to ensure a fair identification opportunity.
Line-Up Protocol
- Photos are to be presented sequentially, one at a time, in a random order without drawing undue attention to any specific image.
- The officer presenting the lineup should ideally be unaware of the suspect's identity to prevent bias.
Photo Sourcing and Organization
- Obtain photographs from verified sources, such as SJPD Investigative Search, DMV, or Santa Clara County photo databases.
- Record the random order of photographs using the San Jose Police Line-Up Identification form (Form 200-12).
- Each witness must have a separate Line-Up Identification form completed for their identification process.
Witness Interaction
- Read the admonition from Form 200-12 prior to the identification process and ensure the witness understands the sequential format.
- Present each photograph individually, removing each one before presenting the next.
- Document both positive and negative identifications along with the witness's verbal certainty on the Line-Up Identification form.
Documentation and Evidence
- Collect signatures and dates from witnesses on the results of the identification.
- The presenting officer must complete a Narrative/Supplemental Report (Form 200-3A-AFR) in addition to the Line-Up Identification form.
Mug Books/Yearbooks Usage
- Mug books or yearbooks may be utilized when no specific suspect is known, ensuring witnesses view a reasonable number of photographs.
- The definition of a reasonable number depends on the physical characteristics of the identified mug shot relative to similar images viewed.
Legal Considerations
- Individuals do not have the right to have a lawyer present during the photographic identification process.
Post-Identification Procedure
- If a witness makes a positive identification that provides probable cause for arrest, other witnesses are not asked for additional identifications.
- Non-participating witnesses may view the suspect during a formal lineup, but must not be informed of any previous identifications to maintain integrity in the process.
Evidence Preservation
- The photographic display viewed by the witness must be preserved for court presentation.
- Completed Line-Up Identification forms and photographs should be returned to the appropriate investigative unit or booked into evidence if necessary. The investigating officer will eventually integrate these into the case file.
Photographic Identification Procedures
- Photographic identifications involve a witness viewing a series of photographs to identify a perpetrator, typically used when a physical lineup is not feasible.
- The process requires including the suspect's photo and at least five fillers to ensure a fair identification opportunity.
Line-Up Protocol
- Photos are to be presented sequentially, one at a time, in a random order without drawing undue attention to any specific image.
- The officer presenting the lineup should ideally be unaware of the suspect's identity to prevent bias.
Photo Sourcing and Organization
- Obtain photographs from verified sources, such as SJPD Investigative Search, DMV, or Santa Clara County photo databases.
- Record the random order of photographs using the San Jose Police Line-Up Identification form (Form 200-12).
- Each witness must have a separate Line-Up Identification form completed for their identification process.
Witness Interaction
- Read the admonition from Form 200-12 prior to the identification process and ensure the witness understands the sequential format.
- Present each photograph individually, removing each one before presenting the next.
- Document both positive and negative identifications along with the witness's verbal certainty on the Line-Up Identification form.
Documentation and Evidence
- Collect signatures and dates from witnesses on the results of the identification.
- The presenting officer must complete a Narrative/Supplemental Report (Form 200-3A-AFR) in addition to the Line-Up Identification form.
Mug Books/Yearbooks Usage
- Mug books or yearbooks may be utilized when no specific suspect is known, ensuring witnesses view a reasonable number of photographs.
- The definition of a reasonable number depends on the physical characteristics of the identified mug shot relative to similar images viewed.
Legal Considerations
- Individuals do not have the right to have a lawyer present during the photographic identification process.
Post-Identification Procedure
- If a witness makes a positive identification that provides probable cause for arrest, other witnesses are not asked for additional identifications.
- Non-participating witnesses may view the suspect during a formal lineup, but must not be informed of any previous identifications to maintain integrity in the process.
Evidence Preservation
- The photographic display viewed by the witness must be preserved for court presentation.
- Completed Line-Up Identification forms and photographs should be returned to the appropriate investigative unit or booked into evidence if necessary. The investigating officer will eventually integrate these into the case file.
Photographic Identification Procedures
- Photographic identifications involve a witness viewing a series of photographs to identify a perpetrator, typically used when a physical lineup is not feasible.
- The process requires including the suspect's photo and at least five fillers to ensure a fair identification opportunity.
Line-Up Protocol
- Photos are to be presented sequentially, one at a time, in a random order without drawing undue attention to any specific image.
- The officer presenting the lineup should ideally be unaware of the suspect's identity to prevent bias.
Photo Sourcing and Organization
- Obtain photographs from verified sources, such as SJPD Investigative Search, DMV, or Santa Clara County photo databases.
- Record the random order of photographs using the San Jose Police Line-Up Identification form (Form 200-12).
- Each witness must have a separate Line-Up Identification form completed for their identification process.
Witness Interaction
- Read the admonition from Form 200-12 prior to the identification process and ensure the witness understands the sequential format.
- Present each photograph individually, removing each one before presenting the next.
- Document both positive and negative identifications along with the witness's verbal certainty on the Line-Up Identification form.
Documentation and Evidence
- Collect signatures and dates from witnesses on the results of the identification.
- The presenting officer must complete a Narrative/Supplemental Report (Form 200-3A-AFR) in addition to the Line-Up Identification form.
Mug Books/Yearbooks Usage
- Mug books or yearbooks may be utilized when no specific suspect is known, ensuring witnesses view a reasonable number of photographs.
- The definition of a reasonable number depends on the physical characteristics of the identified mug shot relative to similar images viewed.
Legal Considerations
- Individuals do not have the right to have a lawyer present during the photographic identification process.
Post-Identification Procedure
- If a witness makes a positive identification that provides probable cause for arrest, other witnesses are not asked for additional identifications.
- Non-participating witnesses may view the suspect during a formal lineup, but must not be informed of any previous identifications to maintain integrity in the process.
Evidence Preservation
- The photographic display viewed by the witness must be preserved for court presentation.
- Completed Line-Up Identification forms and photographs should be returned to the appropriate investigative unit or booked into evidence if necessary. The investigating officer will eventually integrate these into the case file.
Photographic Identification Procedures
- Photographic identifications involve a witness viewing a series of photographs to identify a perpetrator, typically used when a physical lineup is not feasible.
- The process requires including the suspect's photo and at least five fillers to ensure a fair identification opportunity.
Line-Up Protocol
- Photos are to be presented sequentially, one at a time, in a random order without drawing undue attention to any specific image.
- The officer presenting the lineup should ideally be unaware of the suspect's identity to prevent bias.
Photo Sourcing and Organization
- Obtain photographs from verified sources, such as SJPD Investigative Search, DMV, or Santa Clara County photo databases.
- Record the random order of photographs using the San Jose Police Line-Up Identification form (Form 200-12).
- Each witness must have a separate Line-Up Identification form completed for their identification process.
Witness Interaction
- Read the admonition from Form 200-12 prior to the identification process and ensure the witness understands the sequential format.
- Present each photograph individually, removing each one before presenting the next.
- Document both positive and negative identifications along with the witness's verbal certainty on the Line-Up Identification form.
Documentation and Evidence
- Collect signatures and dates from witnesses on the results of the identification.
- The presenting officer must complete a Narrative/Supplemental Report (Form 200-3A-AFR) in addition to the Line-Up Identification form.
Mug Books/Yearbooks Usage
- Mug books or yearbooks may be utilized when no specific suspect is known, ensuring witnesses view a reasonable number of photographs.
- The definition of a reasonable number depends on the physical characteristics of the identified mug shot relative to similar images viewed.
Legal Considerations
- Individuals do not have the right to have a lawyer present during the photographic identification process.
Post-Identification Procedure
- If a witness makes a positive identification that provides probable cause for arrest, other witnesses are not asked for additional identifications.
- Non-participating witnesses may view the suspect during a formal lineup, but must not be informed of any previous identifications to maintain integrity in the process.
Evidence Preservation
- The photographic display viewed by the witness must be preserved for court presentation.
- Completed Line-Up Identification forms and photographs should be returned to the appropriate investigative unit or booked into evidence if necessary. The investigating officer will eventually integrate these into the case file.
Obtaining Search Warrant Procedure
- An officer must prepare an affidavit and search warrant establishing reasonable cause to conduct a search.
- Approval is required from the District Attorney's Office before proceeding with the search warrant process.
Submission of Documents
- The officer sends an electronic PDF of the draft search warrant, affidavit, and supporting documents to [email protected].
- The email must include a brief description of attached documents, the total number of pages, and the officer’s contact phone number.
- Affidavit may include a scanned or digital signature, which must convey the intent of being a signature.
Review Process
- A Supervising Judge receives the email and assigns it to an available reviewing judge, copying both the officer and reviewing judge in the assignment email.
- The reviewing judge may reach out to the officer to clarify any issues regarding the probable cause or document authenticity.
- If questions arise, the officer should revise the affidavit and re-submit the request, as information from phone calls isn't typically admissible.
Judge's Actions
- The reviewing judge checks the submitted documents and, if acceptable:
- Signs the warrant.
- Records the date and time on the warrant.
- Sends the signed warrant back to the officer via email.
Finalization of Warrant
- The signed warrant returned to the officer is considered the "original warrant."
- The officer is authorized to print and execute this warrant just like a traditional hard-copy warrant.
Deadline Post-Signing
- The officer must take action within 10 days after the judge signs the warrant, specifics on further actions weren't listed in the provided text.
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Description
Test your knowledge on photographic identification procedures and line-up protocols used in criminal investigations. This quiz covers the importance of fairness in witness identification and the proper sourcing of photographs for line-ups. Assess your understanding of best practices in witness interaction and photo organization.
