84 Questions
What is the primary purpose of the Omaha Police Department's eyewitness identification policy?
To improve the accuracy of eyewitness identifications
What is the definition of a 'Blind Administrator' according to the policy?
A lineup administrator who is both not participating in the investigation and unaware of the crime suspect
What is the primary purpose of including 'filler photos' in a photo lineup?
To make the lineup more similar in appearance to the crime suspect
What is the definition of a 'Crime Suspect' according to the policy?
A person who is suspected of committing a crime
What is the definition of a 'Physical Lineup' according to the policy?
A lineup conducted in-person with the crime suspect and additional persons
What is the definition of an 'Eyewitness' according to the policy?
Both a person who was a firsthand witness to a crime and a person who was a victim of a crime
When can a suspect be placed in a physical lineup for identification by eyewitnesses?
Only before the suspect has reached a critical stage in the criminal justice process
What is the minimum number of persons that must be included in a physical lineup?
6
What is required before a suspect can participate in a physical lineup after formal action has been taken against them?
The suspect must sign a waiver
What is the purpose of requiring all lineup participants to speak the same words during a physical lineup?
To prevent the suspect from being singled out by their speech
What is the purpose of having a Forensic Investigations employee present to record the physical lineup?
To document the lineup for use as evidence in court
What is the purpose of requiring all lineup participants to wear the same clothing associated with the crime?
To prevent the suspect from being singled out by their clothing
What is the purpose of presenting the physical lineup to each eyewitness separately and individually?
To prevent the eyewitnesses from influencing each other's identifications
What is the purpose of allowing the suspect's counsel to attend the physical lineup, if feasible?
To mitigate later claims that due process was not provided
What is the purpose of the OPD Rights Advisory Form – Lineup or Confrontation (OPD Form 29)?
To ensure the suspect understands their rights before the lineup
What is the purpose of the requirement that a physical lineup should not be conducted if the suspect's resistant conduct will set them apart from the other lineup participants?
To prevent the suspect from being singled out
What is the purpose of a photo lineup in the context of eyewitness identification?
To confirm the crime suspect's identity through recognition by the eyewitness.
What is the role of a show-up administrator?
To transport the eyewitness for verification purposes.
Why should officers conducting photo or physical lineups ideally be blind administrators?
To limit the likelihood of influencing the eyewitness towards a particular person.
What is a key consideration for determining the validity of identification procedures in eyewitness identification?
The accuracy of the eyewitness' description prior to the identification process.
Why is it important for eyewitnesses not to talk to each other before, during, or after lineup procedures?
To ensure they do not conspire to misidentify a suspect.
What should officers avoid doing during photo or physical lineup procedures?
Prompting the eyewitness toward a particular photo or person.
Why is it crucial to document details of photo or physical lineup presentations?
To maintain a record of exactly how each lineup was conducted for transparency and validation purposes.
What should officers do if an identification is made during a lineup procedure?
Ask the eyewitness to state their level of confidence in their selection.
What should an eyewitness be asked to acknowledge before beginning a lineup procedure?
'You understand and agree to follow these instructions.'
What is the requirement for the time lapse between the commission of the crime and the apprehension of the suspect(s) for a show-up identification procedure?
The time lapse shall be no more than two hours.
Which of the following is NOT a step the show-up administrator should take to minimize the suggestiveness of the show-up procedure?
Allow the eyewitness to view or become aware of the recovery of any items taken or used in the crime before the show-up procedure is complete.
If the above criteria for a show-up identification procedure are not met, what should the eyewitness be asked to do?
The eyewitness shall be transported to the location where the suspect has been stopped.
What is the requirement for the documentation of the show-up procedure?
A Continuation/Supplementary Report (OPD Form 200A) must be completed to document the show-up procedure in a formal OPD report.
What is the requirement for the documentation of the eyewitness's level of confidence in their identification of the suspect?
The show-up administrator shall immediately ask the eyewitness to state in their own words the level of confidence in their selection, and will document the answer verbatim in the Continuation/Supplementary Report (OPD Form 200A).
What is the requirement for the documentation of the eyewitness's failure to positively identify the suspect?
The show-up administrator shall immediately document the eyewitness's failure to positively identify the suspect in the Continuation/Supplementary Report (OPD Form 200A), because such evidence may be exculpatory to a suspect who is charged with the crime.
What is the requirement for the show-up procedure when more than one eyewitness is available?
The show-up procedure shall be conducted separately for each eyewitness.
What is the minimum number of photos that must be included in a photo lineup?
6
Which of the following sources is NOT mentioned in the text as a potential source for obtaining photos for a photo lineup?
The internet
What must the lineup administrator do if an eyewitness asks to see a particular photo again after the entire lineup has been presented?
Shuffle the photos and conduct the entire lineup process again
What is the purpose of the "folder shuffle method" mentioned in the text?
To allow the investigating officer to administer the photo lineup when a blind administrator is not available
What is the purpose of blocking out or covering any visible notations on the photos in a photo lineup?
To prevent the eyewitness from being influenced by any information on the photos
What should the lineup administrator do if an eyewitness makes a positive identification during a photo lineup?
Continue showing the remaining photos until all have been exhausted
What is the purpose of having the eyewitness sign and date the photo they selected during a photo lineup?
To provide a record of the eyewitness's selection
What is the purpose of video and/or audio recording the photo lineup process?
To ensure the lineup is conducted in a fair and unbiased manner
In an eyewitness identification process, what is the role of a 'filler photo'?
To match the eyewitness' description but not resemble the suspect.
What is the purpose of having a 'Blind Administrator' conduct lineups?
To prevent them from seeing who the actual suspect is in the lineup.
When is a 'Physical Lineup' typically used in eyewitness identification procedures?
When multiple eyewitnesses are available for identification.
What distinguishes a 'Lineup Administrator' from a 'Blind Administrator'?
The Lineup Administrator actively investigates the crime, while the Blind Administrator remains neutral and detached.
What precaution should be taken if an eyewitness asks to see a particular photo again after viewing the entire lineup?
Explain that they cannot view any photos again once the lineup is complete.
Why should 'Filler Photos' include persons who are similar in appearance to the suspect?
To match characteristics and features with potential suspects, improving accuracy.
According to the policy, what should the lineup administrator do if an eyewitness makes a positive identification before all photos are shown?
Show the remaining photos until all are exhausted
What is the purpose of having the eyewitness initial and date the photos they did not select during a photo lineup?
To provide evidence of the lineup process for potential court proceedings
If a blind administrator is not available, what method should the investigating officer use to administer the photo lineup?
The folder shuffle method
According to the policy, how should photos be presented to the eyewitness during a photo lineup?
One photo at a time, with the eyewitness returning each photo before seeing the next
What should the lineup administrator do if an eyewitness asks to see a particular photo again after the entire lineup has been presented?
Shuffle the photos and conduct the entire lineup process again
According to the policy, what should be done with the original photo lineup and all related materials after the lineup is completed?
Booked into the Evidence and Property Unit as evidence
What is the recommended practice for recording the photo lineup process, according to the policy?
Video and/or audio record the entire process
According to the policy, how many filler photos should be included in a photo lineup, in addition to the suspect's photo?
5 filler photos
What should the lineup administrator do if an eyewitness selects a photo that is not the suspect during a photo lineup?
Document the selection and include it as potential evidence
According to the policy, what should be done to ensure that photos do not suggest that the subjects are criminals?
Crop or hide portions of the photos that indicate they are mugshots
According to the policy, what is the maximum time lapse allowed between the commission of a crime and the apprehension of the suspect for a valid show-up identification procedure?
2 hours
Which of the following steps is NOT recommended by the policy to minimize suggestiveness during a show-up procedure?
Allowing the eyewitness to view items recovered from the crime scene before identification
If more than one eyewitness is available for a show-up identification procedure, what is required according to the policy?
The show-up must be conducted separately for each eyewitness
According to the policy, what must be documented if an eyewitness fails to positively identify the suspect during a show-up procedure?
The eyewitness's lack of positive identification must be documented
If the criteria for a show-up identification procedure are not met, what should be done according to the policy?
The eyewitness should be transported to the location where the suspect is being held
According to the policy, what must be documented after a show-up identification procedure?
Details of the show-up presentation, including date and time, must be documented
If an eyewitness positively identifies a suspect during a show-up procedure, what must the show-up administrator do according to the policy?
Immediately ask the eyewitness to state their level of confidence in the identification
According to the policy, which of the following steps should NOT be taken by the show-up administrator to minimize suggestiveness?
Having the suspect stand with handcuffs visible to the eyewitness
According to the policy, which of the following is NOT a criterion that must be met for a valid show-up identification procedure?
The show-up procedure occurs within a specific geographic radius of the crime scene
According to the procedure, what should the administrator do if an eyewitness requests to view a particular photo again after the entire lineup has been presented?
Deny the request and instruct the eyewitness to make a selection based on the initial viewing.
Which of the following is NOT a consideration mentioned for determining the validity of eyewitness identification procedures?
The eyewitness's prior familiarity with the suspect.
According to the procedure, what should the administrator do immediately after an eyewitness makes an identification during a lineup?
Ask the eyewitness to state their level of confidence in the identification.
If multiple eyewitnesses are involved, how should the lineup procedure be conducted according to the policy?
The lineup should be conducted separately for each eyewitness.
According to the procedure, what should the administrator avoid doing during photo or physical lineup procedures?
Both A and B.
According to the procedure, what is the purpose of having a blind administrator conduct photo or physical lineups?
To prevent the administrator from influencing the eyewitness's identification.
According to the procedure, what should the administrator do if an eyewitness makes a comment while viewing a photo lineup?
Document the comment verbatim, along with the date and time.
According to the procedure, what is the minimum number of photographs that must be included in a photo lineup?
The procedure does not specify a minimum number.
According to the procedure, what should the administrator do if an eyewitness fails to positively identify the suspect during a lineup?
Document the failure to identify the suspect.
According to the procedure, under what circumstances should a single photo verification procedure be used?
When the eyewitness has a thorough familiarity with the suspect.
According to the policy, what is the primary purpose of conducting a physical lineup before formal action has been taken against a suspect?
To allow the eyewitness to positively identify the suspect and provide probable cause for an arrest.
What is the primary reason the policy requires the lineup administrator to consider allowing the suspect's counsel to attend a physical lineup, if feasible?
To ensure the suspect's right to due process is upheld.
According to the policy, what is the main purpose of requiring all lineup participants to speak the same words during a physical lineup?
To ensure the suspect cannot be identified by their voice alone.
What is the primary reason the policy requires that a physical lineup should not be conducted if the suspect's resistant conduct will set them apart from the other lineup participants?
To ensure the lineup is fair and the suspect is not unfairly singled out.
According to the policy, what is the main purpose of requiring the lineup administrator to present the physical lineup to each eyewitness separately and individually?
To prevent the eyewitnesses from discussing and influencing each other's identifications.
What is the primary reason the policy requires that a Forensic Investigations employee be present to record the physical lineup?
To ensure the lineup is conducted in a way that is admissible as evidence in court.
According to the policy, what is the main purpose of requiring the suspect to sign a waiver prior to participating in a physical lineup after formal action has been taken against them?
To provide documentation that the suspect voluntarily agreed to participate in the lineup.
What is the primary reason the policy requires that the lineup administrator complete an OPD Rights Advisory Form - Lineup or Confrontation (OPD Form 29) with the suspect before the lineup procedure begins, if formal action has been taken against the suspect?
To ensure the suspect is aware of their right to have counsel present during the lineup.
What is the main purpose of the requirement that all lineup participants be persons who appear to be the same race and sex as the suspect, and at least some persons should be similar in appearance to the suspect?
To ensure the lineup is fair and the suspect is not singled out based on their appearance.
Study Notes
Eyewitness Identification Policy
- The Omaha Police Department (OPD) policy is to conduct eyewitness identification procedures in a manner that respects the rights of all persons and improves the accuracy of eyewitness identification.
Definitions
- Blind Administrator: A lineup administrator who is not participating in the investigation and is unaware of which person in the lineup is the crime suspect.
- Crime Suspect: A person accused or suspected of committing a crime.
- Eyewitness: A person who was a firsthand witness to a crime or a victim of a crime.
- Filler Photo: A photo included in a photo lineup that depicts a person who is not suspected of the criminal offense.
- Lineup Administrator: The officer who conducts a photo lineup or physical lineup.
- Physical Lineup: A process where an eyewitness views a group of individuals, including the crime suspect and additional persons not suspected of the crime, to identify the perpetrator.
- Photo Lineup: A process where an eyewitness views a group of photographs, including a photo of the crime suspect and additional photos of persons not suspected of the crime, to identify the perpetrator.
- Show-Up: A process where an eyewitness is transported to view the crime suspect to verify or exclude the suspect as the perpetrator.
Procedure
- The administrator shall take steps to make certain the process is not suggestive.
- The validity of identification procedures rests on the following considerations:
- Eyewitness' opportunity to view the crime suspect at the time of the crime.
- Eyewitness' focus of attention at the time of the crime.
- Accuracy of the eyewitness' description of the crime suspect prior to a physical lineup, photo lineup, or show-up.
- Level of certainty exhibited by the eyewitness in making the identification.
- Length of time between the crime and the physical lineup, photo lineup, or show-up.
Photo Lineup Identification
- A photo lineup shall consist of six photos, including one photo of the crime suspect and five filler photos.
- Photos shall be presented in a way that does not suggest the subjects are criminals.
- The lineup administrator shall show the eyewitness one photo at a time, and the eyewitness shall not be allowed to view all photos at once.
- The eyewitness shall sign and date the photo they selected, and initial and date the other photos presented.
- If the eyewitness asks to see a particular photo again, the lineup administrator shall shuffle the photos and conduct the entire lineup process again.
Physical Lineup Identification
- A physical lineup shall consist of at least six persons, including one suspect and five persons who generally match the eyewitness' description of the suspect.
- If a formal action has been taken against a suspect, the suspect shall sign a waiver prior to participating in a physical lineup.
- All physical lineups shall be documented and video recorded.
- The lineup administrator shall present each individual one at a time to a single eyewitness.
Show-Up Identification
- The show-up procedure shall be conducted separately for each eyewitness.
- Before the show-up process begins, the show-up administrator shall read the instructions from the Show-Up Identification Form to each eyewitness.
- If the eyewitness positively identifies the suspect as the perpetrator of the crime, the show-up administrator shall immediately ask the eyewitness to state in their own words the level of confidence in their selection, and document the answer verbatim.### Eyewitness Identification Procedures
- Definition of Eyewitness Identification: The process of identifying a suspect through recognition by an eyewitness who was a firsthand witness to a crime or a victim of a crime.
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Types of Eyewitness Identification:
- Photo Lineup: A procedure where an eyewitness views a group of photographs, including one of the crime suspect, to identify the perpetrator.
- Physical Lineup: A procedure where an eyewitness views a group of individuals, including the crime suspect, to identify the perpetrator.
- Show-Up: A procedure where an eyewitness is transported to view the crime suspect to verify or exclude the suspect as the perpetrator.
General Guidelines
- Blind Administrator: A lineup administrator who is not participating in the investigation and is unaware which person is the crime suspect.
- Non-Suggestive Procedure: The administrator should take steps to ensure the procedure is not suggestive and does not influence the eyewitness's identification.
- Documentation: All identification procedures shall be documented in a Continuation/Supplementary Report (OPD Form 200A).
Photo Lineup Identification
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Photo Lineup Procedure:
- A photo lineup consists of six photos, including one of the crime suspect and five filler photos.
- Photos shall be presented one at a time, and the eyewitness shall not be shown all photos at once.
- The lineup administrator shall not provide feedback or indicate if the eyewitness's selection is correct or not.
- Filler Photos: Photos of individuals who are not suspected of the crime, but appear to be the same race and sex as the crime suspect, and generally match the eyewitness' description.
Physical Lineup Identification
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Physical Lineup Procedure:
- A physical lineup consists of at least six persons, including the crime suspect and five additional persons.
- The lineup administrator shall present each individual one at a time to the eyewitness.
- The lineup administrator shall not provide feedback or indicate if the eyewitness's selection is correct or not.
- Right to Counsel: A suspect has the right to counsel at a physical lineup if they have reached a critical stage in the criminal justice process (arraignment, indictment, bond setting, or otherwise being charged with a crime).
Show-Up Identification
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Show-Up Procedure:
- A show-up is conducted when a suspect is apprehended and brought to the scene of the crime for identification purposes.
- The eyewitness shall be transported to the location where the suspect is being held.
- The show-up administrator shall take steps to minimize the suggestiveness of the show-up.
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Criteria for Show-Up: The show-up procedure shall only be conducted if:
- The crime has recently been committed or is believed to have been committed.
- The eyewitness is able to provide a detailed description of the suspect.
- The apprehended individual fits the description of the suspect.
Learn about the policy of the Omaha Police Department (OPD) regarding eyewitness identification and the definitions of terms such as Blind Administrator, Crime Suspect, and Eyewitness.
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