St. Johns County Sheriff's Office Policy 42.11 PDF

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Show-up and Photo Lineup Identification Effective Date: 06/19/2009 Policy 42.11 Amended Date: 09/23/2022 ACCREDITATION STANDARDS CALEA: 42.2.9, 42.2.10 CFA: 15.13, 15.14 FCAC: FLA-TAC: FMJS: Discussion: The St. Johns County Sheriff’s Offi...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Show-up and Photo Lineup Identification Effective Date: 06/19/2009 Policy 42.11 Amended Date: 09/23/2022 ACCREDITATION STANDARDS CALEA: 42.2.9, 42.2.10 CFA: 15.13, 15.14 FCAC: FLA-TAC: FMJS: Discussion: The St. Johns County Sheriff’s Office conducts show-ups and photo lineups for the purpose of assisting in the identification of suspects by victims and / or witnesses. Eyewitness Identification FS 92.70. [CFA 15.13] DEFINITIONS Agency – Refers to St. Johns County Sheriff’s Office Eyewitness - A person whose identification by sight of another person may be relevant in a criminal proceeding. Independent Administrator - A person who is not participating in the investigation of a criminal offense and is unaware of which person in the lineup is the suspect. Lineup Administrator - The person who conducts a lineup. Photo lineup - A procedure in which an array of photographs is displayed to an eyewitness for the purpose of determining if the eyewitness can identify or eliminate the perpetrator of a crime. FS 92.70 Show-up Identification - The identification of a suspect(s) by a victim / witness whereby the victim / witness is transported to the location of the suspect(s) within close time proximity of the occurrence of the crime, to identify the suspect as the perpetrator. Show-up and Photo Lineup Identification 42.11 Page 1 of 4 COMPOSITION OF PHOTO LINEUP [42.2.9, a].1 A photo lineup consists of six (6) photographs of individuals of similar physical characteristics one (1) of the photographs being of the suspect. [CFA 15.13, a]  These photographs may be positioned in any order.  All photographs will be of the same exposure (i.e., black / white or color) and similar backgrounds..2 The utilization of video and / or audio recording of a witness / victim during the administration of a photo lineup will be at the discretion of the deputy / detective. [42.2.9, b].3 In the event more than one (1) victim / eyewitness is available, each witness will be shown a lineup separately from other victims / witnesses for the purposes of making an independent decision absent any external influence. [42.2.9, c] [CFA 15.13, e].4 The lineup must be conducted by an independent administrator. However, in lieu of using an independent administrator, an alternative method can be utilized. Any alternative method must be carefully structured to achieve neutral administration and prevent the lineup administrator from knowing which photograph is being presented to the eyewitness during the identification process. Alternative methods may include any of the following: [CFA 15.13, b, c]  An automated computer program that can automatically administer the photo lineup directly to the eyewitness and prevent the lineup administrator from seeing which photograph the eyewitness is viewing until after the procedure is completed. [CFA 15.13, f]  A procedure in which photographs are placed in folders, randomly numbered and shuffled and then presented to the eyewitness such that the lineup administrator cannot see or track which photograph is being presented to the eyewitness until after the procedure is completed. [CFA 15.13, f] Show-up and Photo Lineup Identification 42.11 Page 2 of 4 PHOTO LINEUP.5 The Photo Lineup Administration Form (SJSO-909) must be utilized. Before a lineup is administered, the eyewitness must be instructed: [42.2.9, d] [CFA 15.13, d]  The perpetrator might or might not be in the lineup.  The lineup administrator does not know the suspect’s identity.  The eyewitness should not feel compelled to make an identification.  It is as important to exclude innocent persons as it is to identify the perpetrator.  The investigation will continue with or without an identification..6 The eyewitness shall acknowledge, in writing, having received a copy of the lineup instructions. If the eyewitness refuses to sign the document acknowledging receipt of the instructions, the lineup administrator must document the refusal, and the lineup administrator must also sign the acknowledgement document. [CFA 15.13, g, i].7 There will be no feedback provided by the administrator of the lineup concerning the decision of the victim / witness. [42.2.9, f] [CFA 15.13, e].8 The deputy / detective will document the photo lineup on the Photo Lineup Administration Form and the results of the victim / witness selection in their report to include witness’ response exact words. [42.2.9, e, g] [CFA 15.13, g, h]  The deputy / detective will also include the accuracy of the match of the victim / witness’ prior description to the suspect selected. [42.2.9, g] [CFA 15.13, f, g].9 All photo lineups along with the signed Photo Lineup Administration Form (SJSO-909) will be submitted into evidence, regardless of results..10 If a photo lineup is the sole source of identification and or probable cause, a peer review will be completed by two (2) or more deputies / detectives, one (1) of which will be a Corporal or above. This task will be completed prior to any arrest or charging affidavit..11 The agency does not conduct live line ups. [CFA 15.13] Show-up and Photo Lineup Identification 42.11 Page 3 of 4 SHOW-UP IDENTIFICATIONS.12 Show-up identification may be utilized when a suspect is contacted by law enforcement within close time proximity of the occurrence of the crime and the victim / witness demonstrates an ability to identify the suspect(s). [42.2.10, a] [CFA 15.14, a].13 The victim / witness will be transported to the suspect(s) by law enforcement to ensure the absence of any discussion that may influence them. [42.2.10, b].14 In the event there is more than one (1) eyewitness / victim available, show-up identifications will be conducted consecutively and not concurrently. They will not be allowed to discuss the identification among each other prior to the show-up. [42.2.10, c].15 In order to reduce the suggestiveness of a show up, witnesses shall be given the following cautionary instructions before viewing a suspect: [42.2.10, d] [CFA 15.14, b, c]  The suspect may or may not be the person who is presented to the eyewitness;  The eyewitness should not feel compelled to make an identification;  The investigation will continue whether or not an identification is made;  The procedure requires the deputy / detective to discern the level of confidence by asking the eyewitness to state, in their own words, how certain they are of any identification [CFA 15.14, e]  Directing the eyewitness not to discuss the identification procedure or its results with other eyewitnesses involved in the case and discouraging contact with the media. [CFA 15.14, d].16 The deputy / detective will document the show-up and the results of the victim / witness selection in their report. [42.2.10, e] [CFA 15.14, f].17 There will be no feedback provided by the administrator of the show-up concerning the decision of the victim / witness. The decision and the results of the decision will be documented in the report. [42.2.10, f, g] [CFA 15.14 b, f] TRAINING [CFA 15.13, j].18 Training will be provided for initial training on this policy and refresher training to be conducted at least every three (3) years. ____________________ Robert A. Hardwick Sheriff Show-up and Photo Lineup Identification 42.11 Page 4 of 4