Chapter 18 Eyewitness Identification PDF

CHAPTER 18 – EYEWITNESS IDENTIFICATION REV. NOVEMBER 30, 2012 18.01 FIELD IDENTIFICATIONS A. "Field identification" is a procedure (also known as "confrontation," "show up" and "one-on- one") in which the suspect is presented singly to the witness. B. If a suspect is arrested near the...

CHAPTER 18 – EYEWITNESS IDENTIFICATION REV. NOVEMBER 30, 2012 18.01 FIELD IDENTIFICATIONS A. "Field identification" is a procedure (also known as "confrontation," "show up" and "one-on- one") in which the suspect is presented singly to the witness. B. If a suspect is arrested near the scene of an offense and within approximately one hour after it occurs, he may be: 1. Held at the location of his arrest for identification by the witness: or 2. Taken to the witness for identification. C. Prior to using field identification, officers should consider the mental and emotional condition of the witness. For example, if the witness appears hysterical or disoriented, officers should not hold the field identification but should use a lineup after an appropriate delay. D. The field identification must take place as soon as practical after the arrest. If the witness does not identify the suspect, officers shall release the suspect unless they still have probable cause to believe that he committed an offense. The suspect has no right to counsel at the field identification. E. If there is probable cause to arrest a suspect, but the suspect consents to the field identification, the officer may conduct a show up without first arresting the suspect. F. Even without probable cause, if an officer reasonably suspects that a person (who he detained at the scene within approximately one hour of an offense) committed that offense, the officer may, detain him briefly in order to conduct the field identification. (See CHAPTER 17 Stop and Frisk.) G. Regardless of the time after an offense occurs, officers may arrange the field identification if a medical emergency exists and medical authorities approve (For example, when a witness is in danger of death or blindness, or the suspect is in danger of death.) The exigent circumstances of, a medical emergency field identification excuses the absence of counsel for the suspect. H. If there are several witnesses, to the extent practical, only one or two witnesses should view the suspect. The other witnesses should be used at a lineup to verify the identification. I. Field Identification shall take place away from the immediate scene of the crime to prevent contamination of evidence at the scene. J. Officers shall make a written record of the circumstances of the field identification. The record should include: 1. A description of the place where the identification occurred, including lighting conditions; 2. The distance during the field identification between the suspect and the witness; Effective date April 30, 2014 202  3. The number and identity of each witness who viewed the suspect during the field identification; 4. The name of all persons present during identification; and 5. All remarks made by witnesses, officers, the suspect, or anyone else present during the identification. 18.02 INFORMAL IDENTIFICATIONS A. "Informal identification" is a procedure in which officers take a witness to observe a suspect who is at liberty, and who is usually unaware that he is being observed. B. Informal identification procedures may be used when probable cause to arrest the suspect does not exist. C. A detailed record shall be kept of all informal identification procedures, including: 1. The date and time of any observation or identification; 2. The exact location of any observation or identification; 3. The approximate number of viewed persons who fit the physical description of the suspect; 4. The suspect's reaction if he became aware that he was being viewed; and 5. The witness' reaction upon seeing the suspect. 18.03 LINEUPS AND PHOTO DISPLAYS Lineups and Photo Identification Displays will be conducted pursuant to written guidelines established and maintained by the Criminal Investigations Division. 18.04 GENERAL RULES A. Officers shall conduct all eyewitness identification procedures in a fair and impartial manner in order to avoid suggestiveness and influence on any witness. Officers shall not say or do anything that might suggest to a witness the guilt or innocence of a suspect. Officers should advise victims or witnesses of the following information, just prior to their viewing of a suspect: 1. You are under no obligation to identify this person as a suspect. We want to have the guilty identified, but we also want to make sure that innocent persons are cleared of any suspicion in this matter. 2. You should not draw any conclusions about a person just because he is in our custody, or handcuffed. B. An Eyewitness Identification is unnecessary when: Effective date April 30, 2014 203  1. The witness could not identify the offender because he never saw him when the offense occurred; or 2. The witness knew the identity of the suspect before the offense occurred or learned the suspect's identity after the offense and without police assistance; or 3. The suspect is arrested while committing the crime. C. When there are two or more witnesses, each witness shall make his identification separate from the other witnesses. Officers shall instruct witnesses not to converse or otherwise communicate with any other witness about the identification until all of the witnesses have completed their respective identifications. Effective date April 30, 2014 204