Eyewitness Identification Policy PDF

Policy Des Plaines Police Department 605 Des Plaines PD Policy Manual Eyewitness Identification 605.1 PURPOSE AND SCOPE This policy sets forth guidelines to be used when members of this department employ eyewitness identification techniques (725 ILCS 5/107A-2). 605.1.1 DEFINITIONS Definitions relate...

Policy Des Plaines Police Department 605 Des Plaines PD Policy Manual Eyewitness Identification 605.1 PURPOSE AND SCOPE This policy sets forth guidelines to be used when members of this department employ eyewitness identification techniques (725 ILCS 5/107A-2). 605.1.1 DEFINITIONS Definitions related to the policy include: Eyewitness identification process - Any field identification, live lineup or photographic identification. Field identification - A live presentation of a single individual to a witness following the commission of a criminal offense for the purpose of identifying or eliminating the person as the suspect. Live lineup - A live presentation of individuals to a witness for the purpose of identifying or eliminating an individual as the suspect. Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or eliminating an individual as the suspect. 605.2 POLICY The Des Plaines Police Department will strive to use eyewitness identification techniques, when appropriate, to enhance the investigative process and will emphasize identifying persons responsible for crime and exonerating the innocent. 605.3 INTERPRETIVE SERVICES Members should make a reasonable effort to arrange for an interpreter before proceeding with eyewitness identification if communication with a witness is impeded due to language or hearing barriers. Before the interpreter is permitted to discuss any matter with the witness, the investigating member should explain the identification process to the interpreter. Once it is determined that the interpreter comprehends the process and can explain it to the witness, the eyewitness identification may proceed as provided for within this policy. 605.4 EYEWITNESS IDENTIFICATION PROCESS AND FORM The Criminal Investigations Section supervisor shall be responsible for the development and maintenance of an eyewitness identification process for use by members when they are conducting eyewitness identifications. The process should include appropriate forms or reports that provide (725 ILCS 5/107A-2): (a) The date, time and location of the eyewitness identification procedure. (b) The name and identifying information of the witness. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Eyewitness Identification - 1 Des Plaines Police Department Des Plaines PD Policy Manual Eyewitness Identification (c) The name of the person administering the identification procedure. (d) If applicable, the names of all of the individuals present during the identification procedure. (e) An instruction to the witness that it is as important to exclude innocent persons as it is to identify a perpetrator. (f) An instruction to the witness that the perpetrator may or may not be among those presented and that the witness is not obligated to make an identification. (g) If the identification process is photographic or live lineup, an instruction to the witness that the perpetrator may not appear exactly as he/she did on the date of the incident. (h) An instruction to the witness that the investigation will continue regardless of whether an identification is made by the witness. (i) Notice that if an audio/video recording of the lineup is made it will be of the persons in the lineup and the witness. (j) A signature line where the witness acknowledges that he/she understands the identification procedures and instructions. (k) A statement from the witness in the witness's own words describing how certain he/ she is of the identification or non-identification. This statement should be taken at the time of the identification procedure. The process and related forms should be reviewed at least annually and modified when necessary to ensure compliance with 725 ILCS 5/107A-2 and applicable judicial decisions. The Criminal Investigations Section supervisor shall prepare written guidelines setting forth when simultaneous lineups may be conducted rather than sequential lineups. 605.5 EYEWITNESS IDENTIFICATION Members are cautioned not to, in any way, influence a witness as to whether any subject or photo presented in a lineup is in any way connected to the case. Members should avoid mentioning that: The individual was apprehended near the crime scene. The evidence points to the individual as the suspect. Other witnesses have identified or failed to identify the individual as the suspect. In order to avoid undue influence, witnesses shall view suspects or a lineup individually and outside the presence of other witnesses (725 ILCS 5/107A-2). Witnesses should be instructed to avoid discussing details of the incident or of the identification process with other witnesses. Witnesses should be separated or monitored and the lineup administrator shall ensure that all eyewitnesses are monitored to prevent them from conferring with one another while waiting to view the lineup and during the lineup (725 ILCS 5/107A-2). Whenever feasible, the eyewitness identification procedure shall be audio and/or video recorded and the recording should be retained according to current evidence procedures. If the witness Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Eyewitness Identification - 2 Des Plaines Police Department Des Plaines PD Policy Manual Eyewitness Identification refuses to allow a recording of the process, the refusal shall be recorded and the member shall document in the report that no recording was made and the reason (725 ILCS 5/107A-2). 605.6 PHOTOGRAPHIC LINEUP AND LIVE LINEUP CONSIDERATIONS When practicable, the member presenting the lineup shall not be involved in the investigation of the case or know the identity of the suspect (725 ILCS 5/107A-2). In no case should the member presenting a lineup to a witness know which photograph or person in the live lineup is being viewed by the witness. Techniques to achieve this include randomly numbering photographs, shuffling folders or using a computer program to order the persons in the lineup. Individuals in the lineup should reasonably match the description of the perpetrator provided by the witness and should bear similar characteristics to avoid causing any person to unreasonably stand out. In cases involving multiple suspects, a separate lineup should be conducted for each suspect. The suspects should be placed in a different order within each lineup. The member presenting the lineup to a witness should do so sequentially (i.e., show the witness one person at a time) and not simultaneously. The witness should view all persons in the lineup. A live lineup should only be used before criminal proceedings have been initiated against the suspect. If there is any question as to whether any criminal proceedings have begun, the investigating member should contact the appropriate prosecuting attorney before proceeding. 605.6.1 ADDITIONAL CONSIDERATIONS Members presenting a lineup shall also ensure that (725 ILCS 5/107A-2): (a) Only one suspect is presented in a photo lineup and a minimum of five filler photos is utilized. (b) When practicable, there should be five filler subjects used in a live lineup. In no case will fewer than three filler subjects be used. (c) No writings or information related to the persons presented is visible or made known to the witness. (d) If the witness requests to view a photograph or person again, he/she may do so, but only after first viewing each person or photograph. (e) If the witness identifies a person as the perpetrator, he/she shall not be provided with any information concerning the person until after the lineup is completed. (f) An automated computer program or other device may be used to display a photo lineup to an eyewitness, provided the member administering the lineup cannot view the photos until completion of the lineup process. 605.7 FIELD IDENTIFICATION CONSIDERATIONS Field identifications, also known as field elimination show-ups or one-on-one identifications, may be helpful in certain cases. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Eyewitness Identification - 3 Des Plaines Police Department Des Plaines PD Policy Manual Eyewitness Identification When initiating a field identification, the member should observe the following guidelines: (a) Obtain a complete description of the suspect from the witness. (b) Assess whether a witness should be included in a field identification process by considering: 1. The length of time the witness observed the suspect. 2. The distance between the witness and the suspect. 3. Whether the witness could view the suspect’s face. 4. The quality of the lighting when the suspect was observed by the witness. 5. Whether there were distracting noises or activity during the observation. 6. Any other circumstances affecting the witness’s opportunity to observe the suspect. 7. The length of time that has elapsed since the witness observed the suspect. (c) If safe and practicable, the person who is the subject of the show-up should not be handcuffed or in a patrol vehicle. (d) When feasible, members should bring the witness to the location of the subject of the show-up, rather than bring the subject of the show-up to the witness. (e) The person who is the subject of the show-up should not be shown to the same witness more than once. (f) In cases involving multiple suspects, witnesses should only be permitted to view the subjects of the show-up one at a time. (g) The person who is the subject of the show-up should not be required to put on clothing worn by the suspect or to perform other actions mimicking those of the suspect. 605.8 DOCUMENTATION A thorough description of the eyewitness process and the results of any eyewitness identification shall be documented in the case report (725 ILCS 5/107A-2). If practicable, an audio or video recording of the witness statements shall be made. If a photographic lineup is utilized, the actual photographic lineup presented to the witness shall be included in the case report. In addition, the order in which the photographs were presented to the witness should be documented in the case report. If a live lineup is utilized, a photograph or other visual recording shall be included in the case report (725 ILCS 5/107A-2). If an automated computer process or other similar device is used to conduct a photographic lineup, the results of that lineup, including the photographs displayed, will be saved in a manner that permits the process to be repeated and shall be made part of the case report. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Eyewitness Identification - 4