Boca Raton Police Services Department Lineups, Show-Ups, Live Lineups, and Facial Recognition PDF

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 42.03 LINEUPS, SHOW-UPS, LIVE LINEUPS, AND FACIAL RECOGNITION Revised: August 8, 2022 I. PURPOSE: The purpose of this standard operating procedure is to establish guidelines for the administration of photo lineups, show-ups, and l...

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 42.03 LINEUPS, SHOW-UPS, LIVE LINEUPS, AND FACIAL RECOGNITION Revised: August 8, 2022 I. PURPOSE: The purpose of this standard operating procedure is to establish guidelines for the administration of photo lineups, show-ups, and live lineups in an effort to promote accurate and reliable eyewitness identification and to minimize the possibility of erroneous identifications during criminal investigations of criminal offenses in accordance with federal, state, and local laws. The SOP also establishes guidelines for the department use of Face Analysis Comparison & Examination System Next. This SOP applies to all witnesses and victims, including law enforcement officers. II. DEFINITIONS: Face Analysis Comparison & Examination System Next (FACESNXT): A web-based investigative search tool hosted and maintained by the Pinellas County Sheriff’s Office through the Florida’s Facial Recognition Network (FR-Net). The system uses facial recognition software to provide possible matches of a probe image. Facial Recognition: Software that measures a person’s overall facial structure through an analysis of facial characteristics. Gallery: The result of an automated facial recognition search. The gallery is a rank ordered grid of potential matching candidates to the face image (probe) submitted for the search. Live Lineup: The live presentation of a group of persons to include the suspect, to a witness or victim of a crime for the purpose of identifying or eliminating the suspect. Photo Lineup: A group of photographs presented to a victim/witness for the purpose of identifying or eliminating the suspect. Probe Image: A facial image submitted into facial recognition software for possible matches. Show-Up: The live presentation of a suspect to a witness or victim of a crime for the purpose of identifying or eliminating the suspect. III. PROCEDURE: A. LINEUPS: 1. CREATING A PHOTO LINEUP: 15.13 Effective: February 28, 2011 Revised: August 8, 2022 Lineups, Show-Ups, Live Lineups, and Facial Recognition SOP No. 42.03 Page 1 of 8 a. A photo lineup shall consist of a minimum of six photographs, one photo of the suspect and a minimum of five filler photos. i. If there are multiple suspects in a case, only one suspect shall be included in each lineup. ii. If there are multiple suspects in a case, each lineup shall contain different filler photos. iii. If there are multiple eyewitnesses, individual lineups will be created for each witness. b. All photographs used shall be of individuals who are reasonably similar in age and general appearance, and are of the same sex and race, in accordance with the victim/witness description. c. All photographs used shall have the same background and be of the same size and basic composition. i. No photo shall stand out in the lineup. ii. No mix of color and black and white photos shall be used. iii. No identifying information (name, date of birth, etc.) about the subject shall appear on any photo. d. 2. Employees shall not use one photograph for purposes of identification. CONDUCTING THE PHOTO LINEUP: a. The photo lineup shall be placed inside a closed folder, which has a written copy of the witness instructions. (Appendix A) 15.13 i. Another individual who is not involved in the investigation or who is not aware of the suspect’s identity shall be used to administer the lineup. ii. If possible, the entire photo lineup identification process, including the verbal instructions, the viewing of the photographs, and the identification or lack thereof will be audio or video recorded. b. Once the instructions have been read aloud the witness will sign the instruction page. When the witness begins his or her review, the person administering the lineup shall either leave the room or stand behind the witness as the lineup is being viewed and take all reasonable precautions to avoid giving any unintentional cues to the witness. 15.13 Effective: February 28, 2011 Revised: August 8, 2022 Lineups, Show-Ups, Live Lineups, and Facial Recognition SOP No. 42.03 Page 2 of 8 c. In the event of multiple eyewitnesses, the photo lineups will be shown to only one witness at a time, as described above. The witnesses shall be separated, so they will not be aware of the responses of other witnesses. d. Once the witness has finished viewing the photo lineup and the folder is handed back, the person administering the lineup shall ask if there was a photo of the person observed by the witness. 15.13 i. If there is an identification made, the person administering the lineup shall insure that the witness has initialed and dated the selected photo. 15.13 ii. If the witness refuses to sign the lineup, the person administering the lineup shall note the refusal and sign the lineup accordingly. 15.13 e. The person administering the lineup shall not comment on the selections or the outcome of the lineup in any way. 15.13 f. Following all photo lineups and whether a positive identification is made or not, the folder (with the instructions attached), the photo lineup presented to the witness, and the recording shall be submitted to the Property and Evidence Unit to be maintained for the criminal case. 15.13 g. Following all photo lineups and whether a positive identification is made or not, the person administering the lineup shall complete a supplemental report which includes: 15.13 i. The names of all persons present at the lineup. ii. The date, time, and location of the lineup. iii. The sources of the photographs used. iv. Whether an identification was made or not. v. The words used by the witness in any identification. vi. The reason or basis for any deviation from the photo lineup guidelines. B. SHOW-UPS: 1. WHEN A SHOW-UP IS PERMISSIBLE: 15.14 a. Any law enforcement officer (LEO) may arrange a show-up between a witness and a suspect whenever a potential suspect who matches the description given by the witness is located and detained within a reasonable length of time, in proximity to the location of the crime. Effective: February 28, 2011 Revised: August 8, 2022 Lineups, Show-Ups, Live Lineups, and Facial Recognition SOP No. 42.03 Page 3 of 8 b. Show-ups may be preferable while the memory of the witness is fresh and the suspect is readily available. c. If an LEO has reasonable suspicion to detain a suspect under the above circumstances, the member may use such force as is reasonably necessary to stop the suspect from leaving. If probable cause to arrest develops during the detention, an arrest should be made. 2. CONDUCTING A SHOW-UP: a. A suspect cannot be detained for longer than a reasonable period of time to confirm or refute whether the person detained is the suspect. i. Description: 15.14 a) LEOs in contact with the witness shall obtain a detailed description of the suspect before the suspect is shown to the witness. The witness must advise the LEO that they will be able to recognize the person who committed the crime prior to the show-up. b) Prior to the show-up, the LEO shall provide instructions from his/her instructional card (Appendix B) to the witness to ensure the witness understands the purpose of the identification process is to exonerate the innocent as well as to identify the actual suspect. ii. Location: a) A suspect shall not be taken to the Department for a show-up. The suspect shall be detained at the place he/she was located, in the least restrictive manner possible that will ensure the suspect remains with the LEO. Officer safety is crucial, so LEOs shall take the proper precautions. b) The witness shall be transported in a Department vehicle to the suspect’s location for the show-up, and care should be used to shield the witness from being seen by the suspect. iii. Avoiding Suggestiveness: 15.14 a) If possible, LEOs will not show the suspect handcuffed, or in the back seat of a patrol car. If the suspect is handcuffed, measures should be taken to conceal this fact from the witness when possible. b) The witness shall be informed that the person detained may or may not be the suspect, and the witness should not feel compelled to make an identification. If the witness makes an Effective: February 28, 2011 Revised: August 8, 2022 Lineups, Show-Ups, Live Lineups, and Facial Recognition SOP No. 42.03 Page 4 of 8 identification, the LEO shall not confirm or corroborate the identification. Feedback shall not be given to the witness as to the identification. iv. Multiple Witnesses: a) Show-ups shall not be conducted with more than one witness present at a time. b) If there is more than one witness, the show-up shall be conducted separately for each witness, and witnesses shall not be permitted to communicate before or after any show-up regarding the identification of the suspect. c) The same suspect shall not be presented to the same witness more than once. v. Suspect: a) If there are multiple suspects, only one suspect shall be viewed at a time. b) The suspect does not have the right to have a lawyer present at any show-up. c) If the detained person is not identified by a witness as the suspect and LEOs lack any other probable cause for an arrest, the person shall be released after obtaining his/her information. It is equally important to clear innocent persons as it is to arrest guilty suspects. vi. Documentation: 15.14 a) The witness statement shall be immediately following the show-up process. b) C. documented All activities will be documented in an incident report. LIVE LINEUPS: 1. Live lineups shall be conducted at the request and direction of the State Attorney’s Office. D. FACIAL RECOGNITION: 1. GENERAL: Effective: February 28, 2011 Revised: August 8, 2022 Lineups, Show-Ups, Live Lineups, and Facial Recognition SOP No. 42.03 Page 5 of 8 a. The Pinellas County Sheriff’s Office (PCSO) provides the FACESNXT system on Florida’s Facial Recognition Network (FR-Net) which the PCSO maintains and exclusively hosts. b. Any use of FACESNXT must also adhere to all security requirements of Florida Department of Highway Safety and Motor Vehicles and FBI CJIS Security Policies. c. The Intelligence Led Policing Manager is the FACESNXT Agency Administrator, responsible for reporting system issues, granting access to authorized users and the administration of all audits. d. Employees of the Crime and Intelligence Analysis Unit, Crime Scene Unit, and Investigative Services Bureau may be granted access to the FACESNXT system after completing necessary training. e. Authorized users must register for an online user account and, upon account approval, complete all required online training courses prior to gaining access to the FACESNXT system. 2. PROCEDURES FOR USE: a. FACESNXT is for criminal justice purposes only and not for public use nor dissemination. b. Use of FACESNXT for any purpose other than criminal justice purposes may result in loss of agency access. c. All FACESNXT searches must have an investigative case number associated with the use. d. FACESNXT may only be utilized for the following criteria: i. The employee has reasonable suspicion that the person in the probe image being searched is the suspect, person of interest, witness or victim of a crime. ii. To intervene in a life-threatening emergency. iii. To locate missing persons. iv. To assist in identifying individuals that are unable to communicate his/her identity. v. To prevent or investigate the crime of terrorism as defined in FSS 775.30. e. FACESNXT shall not be used solely to track or identify individuals engaging in political, religious, or other protected free speech activities. Effective: February 28, 2011 Revised: August 8, 2022 Lineups, Show-Ups, Live Lineups, and Facial Recognition SOP No. 42.03 Page 6 of 8 f. Information, such as gallery images or descriptors, can only be retained if necessary for law enforcement purposes, i.e., evidence. g. The disposition section of the FACESNXT search function must be completed after the search results are obtained. Each section has a drop-down list and an area for additional comments. The sections are as follows: i. Investigation Type ii. Sources of Probe Image iii. Type of Person Attempting to Identify iv. Did the images in the gallery aid the Investigation h. LEOs will document the use of FACESNXT in the supplemental report of his/her investigation. i. FACESNXT is an investigative tool and any law enforcement action taken based on a submission to FACESNXT must be based on the LEO’s own identity determination through his/her investigation and not solely on the results of the FACESNXT search. j. After a complete investigation, if an identification is made using FACESNXT and an arrest is imminent, a supervisor must verify that probable cause has been established before an arrest is made. k. In addition to facial recognition, an image may be entered into FACESNXT for the purpose of developing a photo line-up. 3. SYSTEM AUDITS: a. The Intelligence Led Policing Manager will monitor all agency activity within the FACESNXT system, manage users, and conduct monthly and quarterly audits using the web-based administrative module. b. Authorized user access/permissions shall be updated within five (5) business days of reassignment to a position outside of those granted access to the FACESNXT system. c. The Intelligence Led Policing Manager will provide written correspondence to the Pinellas County Sheriff's Office regarding any audit related inquiries, any unusual activity, unauthorized access, and/or non-compliant searches. d. Access and permissions of authorized users shall be immediately inactivated following: i. Effective: February 28, 2011 Revised: August 8, 2022 Separation of employment Lineups, Show-Ups, Live Lineups, and Facial Recognition SOP No. 42.03 Page 7 of 8