L 4603 PHOTOGRAPHIC IDENTIFICATIONS.pdf

L 4603 PHOTOGRAPHIC IDENTIFICATIONS: Revised 01-08-03 A photographic identification occurs whenever an o4icer arranges for a witness to view a series of photographs in an attempt to identify the perpetrator of a criminal act. A photographic identification may be conducted when a physical lineup is imp...

L 4603 PHOTOGRAPHIC IDENTIFICATIONS: Revised 01-08-03 A photographic identification occurs whenever an o4icer arranges for a witness to view a series of photographs in an attempt to identify the perpetrator of a criminal act. A photographic identification may be conducted when a physical lineup is impractical or impossible, usually because the suspect is not in custody. When a decision is made to conduct a photographic identification process, all department members will adhere to the following procedures: _REQUIRED NUMBER: When conducting a photographic identification include the suspect's photo or facsimile and at least five fillers. _LINE-UP PROTOCOL: The pictures will be presented sequentially (one at a time), in random order and in a manner that does not attract undue attention to any one picture in the series. Whenever possible, the line-up will be presented by an o4icer who does not know the identity of the suspect. The following procedure will be utilized when presenting photographic line-ups: _Obtain photographs from an approved source, (i.e., SJPD Investigative Search, DMV or Santa Clara County photo databases, etc.) _Arrange photographs in random order and record the order on San Jose Police Line-Up Identification form (Form 200-12) _A separate Line-Up Identification form (Form 200-12) must be completed for each person viewing the photographic line up _Read the admonition printed on form (Form 200-12) prior to displaying the line-up and confirm that the witness understands the nature of the sequential procedure _Present each photo to the witness separately in a previously determined and random order Line/Operations Procedures Property of San Jose Police Department For O>icial Law Enforcement Use Only Page 477 DM2024 041024 _Remove each photo before presenting the next one _Record both positive and negative identifications in writing, including the witness's own words regarding the certainty of the identification on Line-Up Identification form (Form 200-12) _Complete the approved Line-Up Identification Form (Form 200-12) and maintain it as evidence. _Ask the witness to sign and date the results _The o4icer showing the line-up will complete a Narrative/Supplemental Report (Form 200-3A-AFR) in addition to the Line-Up Identification form (Form 200-12) _MUG BOOK/YEARBOOK: A mug book, yearbook or similar compilation of photos may be used when there is no particular suspect. However, witnesses must be shown a reasonable number of photographs, even if the suspect is selected almost immediately. A reasonable number will be determined by assessing the physical characteristics of the mug shot identified as compared to the number of photos viewed which resemble the mug shot. _RIGHT TO LAWYER: No person has a right to have a lawyer present at any photographic identification procedure. _PROCEDURE AFTER POSITIVE IDENTIFICATION: If one witness makes a positive identification based upon a photographic identification procedure which produces probable cause for arrest, other witnesses are not asked to attempt a similar identification. Witnesses not participating may, however, be asked to view the suspect during a formal line-up. Witnesses will not be told if they identified the correct suspect as this could frustrate future identification procedures. _DISPOSITION OF LINE-UP: When an o4icer completes a line-up identification process, they will preserve the photographic display, as viewed by the witness, for presentation in court at a later time. After completing the line-up procedure, return the photographs and the line-up identification form to the appropriate investigative unit. If this is not possible, the photographic display will be booked into evidence. The investigating o4icer will later remove the display from evidence and combine it with the investigative case file.