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Eyewitness Identification

Participant Guide

Georgia Public Safety Training CenterGeorgia Police Academy

August 2008

Eyewitness Identification© 2008 State of Georgia. GPSTC. All Rights ReservedAll rights reserved. No part of this product may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher.

First EditionThe leader guide and participant material for this program was created using LeaderGuide Pro™ version 6.0.

Table of ContentsOverview...................................................................................1Witness Identification Accuracy.................................................2

Introduction and Overview........................................................................................................................2

Capture your notes here.............................................................................................................................3

Terms.........................................................................................................................................................4

Capture your notes here.............................................................................................................................7

Pre-Trial Identification..............................................................................................................................8

Capture your notes here...........................................................................................................................13

Eyewitness Identification Procedures.......................................14Interviewing Eyewitnesses......................................................................................................................14


Preparation, Presentation, Preservation...................................................................................................16


Showups..................................................................................................................................................17


Lineup Preparation..................................................................................................................................20


Lineup Presentation.................................................................................................................................24


Lineup Preservation.................................................................................................................................40

Agency Policy..........................................................................43Agency Policy.........................................................................................................................................43


Page i

Overview

Why a Eyewitness Identification program?

The purpose of this comprehensive law enforcement officer in-service training program is to establish guidelines and procedures for conducting showups, photographic lineups, and physical lineups.

Learning Objectives

Given a law enforcement encounter regarding eyewitness identification, students will properly administer the correct procedure in accordance with the “Witness Identification Accuracy Enhancement Act” of 2008.After completing this program, participants will be able to: Discuss the legal requirements outlined in Chapter 6

Pre-trial Identification of the Georgia Law Enforcement Handbook.

Discuss the guidelines established by legislative resolution

Discuss the amendments to Title 35 of the Official Code of Georgia Annotated.

Discuss the amendments to Chapter 4 of Title 17 of the Official Code of Georgia Annotated.

Discuss the proper procedure for eyewitness identification.

Discuss the differences between sequential and simultaneous identification.

Discuss the Neutral Independent Administrator. Discuss agency policy.

© 2008 State of Georgia. GPSTC. All Rights Reserved Page 1Rev. Date 8/26/2008

Witness Identification AccuracyIntroduction and Overview

Make the following key points:

Witnesses play a critical role in our criminal justice system. They are often essential to identifying, arresting, and convicting offenders of crimes and in some cases may provide the piece of evidence against those individuals. For these reasons, the value of accurate and reliable eyewitness evidence cannot be overstated.

The vast majority of eyewitness identifications are accurate and provide a trustworthy evidence for the trier of fact. However, there have been several cases in which DNA testing has exonerated individuals convicted on the basis of eyewitness testimony. Justice is not served when the wrong person is incarcerated for a crime they did not commit.

Understanding the complex issues associated with identification practices, the House Study Committee on Eyewitness Identification Procedures was created by the Georgia State Legislature. The multidisciplinary group developed guidelines and procedures for law enforcement and are urging their use in investigations involving eyewitness evidence.


HANDOUT: A Resolution Urging all law enforcement agencies of this state to

develop and implement written policies for conducting showups, photographic lineups, and physical lineups setting forth the manner in which these operations shall be conducted; and for other purposes.

Page 2 Eyewitness Identification


The Georgia House of Representatives, on April 2, 2008, passed a resolution urging all law enforcement agencies to review their existing policy and procedures or to develop policy and procedure in eyewitness identification and to consider all the alternatives in deciding which of the methods constitute the ‘best practice’ for their agency. While a House Bill to mandate this training was proposed, it did not prevail. When the training is complete it is still imperative that agencies develop and implement policy in the area of eyewitness identification. One review of the State purported that less than 10% of our agencies currently have policy.

Capture your notes here


Terms


Definition of terms always being critical to understanding, please spend some time learning the definitions of critical terms so that that complete communication occurs here.

Peace Officer is defined as: An Agent, operative, or officer of this state, a

subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime;

An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Juvenile Justice who is designated by the commissioner to investigate and apprehend unruly and delinquent children;

(B.1) Personnel who are authorized to exercise the power of arrest, who are employed or appointed by the Department of Juvenile Justice, and whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department’s institutions, facilities, or programs;

Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, county probation systems, and county correctional institutions; and

An administrative investigator who is an agent, operative, investigator, or officer of this state whose


duties include the prevention, detection, and investigation of violations of law and the enforcement of administrative, regulatory, licensing, or certification requirements of his or her respective employing agency.


In-service means continuing education for peace officers which is in addition to the basic training course set forth in Code Section 35-8-9.


Suspect means a person under investigation for participation in a crime.


Administrator means the peace officer who administers the showup, physical lineup, or photographic lineup.


Neutral Independent Administrator means the peace officer who administers the physical lineup or photographic lineup, but does not know which person in the lineup is the suspect.


In a simultaneous identification procedure (physical or photographic), all members of the lineup are shown to the witness at the same time. This allows the witness to compare all lineup members before making a decision.



In a sequential identification procedure (physical or photographic), the witness views only one member of the lineup at a time. The witness must make a decision on each lineup member before viewing the next lineup member.


Showup means a witness views a single suspect for purposes of identification of the suspect as the perpetrator of the crime.


Physical lineup means a selected group of persons presented to a witness containing a suspect and several fillers for the purpose of determining whether the witness is able to identify the suspect or eliminate the suspect as the perpetrator of the crime.


Photographic lineup means a selected group of photographs of persons presented to a witness containing a single suspect and several fillers for the purpose of determining whether the witness is able to identify the suspect or eliminate the suspect as the perpetrator of the crime.

This process can be presented in a six person array, a physical mug book, a digital mug book or many pictures in a sequential order.



Filler means a person or photograph of a person who is not a suspect in the crime under investigation and is made part of a physical lineup or a photographic lineup and presented to a witness.



Pre-Trial Identification


OCGA Title 35-8-9 Basic Course of Instruction In addition to complying with the pre-employment

standards as set forth in Code Section 35-8-8, each and every candidate shall satisfactorily complete a basic training course prior to his or her appointment as a peace officer.

During Georgia Peace Officer Basic Mandate Training, candidates study the Georgia Law Enforcement Handbook, Criminal Law & Procedure.


In the Georgia Law Enforcement Handbook, Criminal Law & Procedure, Chapter 6 is concerned only with eyewitness identification, photographic identification, and voice identification.

There have been cases in which a defendant was convicted of a crime because of the testimony of an eyewitness who incorrectly identified him as the person committing the crime. In some of these incidents, the evidence has been extremely weak. It has been stated that “erroneous identification of the accused constitutes the major cause of known wrongful convictions.” The goal of a increased focus on the eyewitness identification training is to reduce the potential of error in our identification processes.



Please take the time to read and understand all the following cases as decided by the United States Supreme Court that address the issue of eyewitness identification.HANDOUT:Court Cases; United States v. Wade 388 U.S. 218 (1967) U.S.

Supreme Court Gilbert v. California 388 U.S. 263 (1967) U.S. Supreme

Court Stovall v. Denno 388 U.S. 293 (1967) U.S. Supreme

Court Simmons v. State 262 Ga. App. 164, 585 S.E. 2d 93 Simmons v. United States 390 U.S. 377 (1968) U.S.

Supreme Crt. Foster v. California 394 U.S. 440 (1969) U.S. Supreme

Court Kirby v. Illinois 406 U.S. 682 (1972) U.S. Supreme Court Moore v. Illinois 434 U.S. 220 (1977) U.S. Supreme

Court Neil v. Biggers 409 U.S. 188 (1972) U.S. Supreme Court United States v. Crews 445 U.S. 463 (1980) U.S.

Supreme Court United States v. Ash 413 U.S. 300 (1973) U.S. Supreme

Court



A physical lineup is distinguished from a showup by the fact that a physical lineup requires the witness to identify the alleged perpetrator of a crime from among a number of persons while a showup is a one-on-one identification whereby the witness is shown only one person and in effect asked if this is the person who committed the crime. The showup should only be used within a short window of time after the commission of the crime. Remember, you are showing the witness only one person and asking “is this the one that you saw committ the crime”… Good chance that the witness sees him/her in your custody and feels some pressure to identify the one you nabbed… Be careful.



Rules or guidelines for physical lineup identifications have been suggested by and for various groups of law enforcement officers. These suggestions may be helpful to counsel attending a lineup and in connection with the cross-examination of witnesses who have given eyewitness identification testimony.

All persons in the physical lineup should be of the same general age and race and have similar characteristics.

Clothing worn by each person should be similar. Any movements or statements should be made by each

person in the physical lineup, one at a time. It now seems clear that under Georgia law a person in a physical lineup may be compelled to speak certain words.

A color Photo of the physical lineup should be taken and developed as soon as possible.

A witness should be prevented from seeing the defendant in custody prior to physical lineup.

Witness should not be shown a photograph of the defendant before physical lineup.

If more than one person is to view a physical lineup, the witnesses should do so one at a time and out of the presence of the other.

No actions should be taken or statements made to a witness to suggest that a suspect is standing in any particular place.

As few persons as possible should be allowed in the room when the physical lineup is conducted.

The witness, before entering the room where the physical lineup is to be conducted, should be given a form on which his identification can be marked and signed.

There should be at least six persons in the physical lineup.

Statements by persons in a physical lineup should not be requested unless a witness suggests it. If statements are made, all participants should repeat the


same words.

If counsel is present, he should be allowed to make suggestions.

Prior to the physical lineup, the witness should give a detailed description of the perpetrator. This description should be reduced to writing before the physical lineup.

If possible, law enforcement officers should not be used in physical lineups.

Some authorities feel that “blank lineups” – lineups which are held in the absence of the suspect- should be utilized. Blank lineups could prevent witness from picking out the person in the physical lineup looking most like the accused even if the person is not the perpetrator of the crime.

The names and addresses of all persons participating in the physical lineup should be preserved.

In Georgia, it has been held that a suspect has no right to refuse to take part in a physical lineup. Generally, if a person is lawfully incarcerated on an unrelated charge, he may be forced to be a “stand in” in a physical lineup.


The identification need not be excluded as long as the identification was reliable notwithstanding any suggestive procedure under all the circumstances.

“on-the-scene show up identifications have been held not to be impermissibly suggestive where they are necessary due to the practicalities of the situation”



Court Cases; Neil v. Biggers 409 U.S. 188 (1972) U.S. Supreme Court Pickstock v. State 235 Ga. App. 451, 509 S.E. 2d 717 Horne v. State 281 Ga. App. 799, 642 S.E. 2d 659

(2007) M. A. K. v. State 171 Ga. App. 151, 318 S.E. 2d 828

(1984)


A Picture Identification (Photographic Identification) is based on the review of photographs.



Court Cases; United States v. Ash 413 U.S. 300 (1973) U.S. Supreme

Court Branch v. Estelle 631 F. 2d 1229(5th Cir. 1980) Daniel v. State 181 Ga. App. 842, 353 S.E. 2d 926

(1987) Brewer v. State 136 Ga. App. 285, 220 S. E. 2d 780

(1975 Huggins v. State 173 Ga. App. 457, 326 S.E. 2d 821

(1985) White v. State 213 Ga. App. 429, 434 (6), 445 S.E. 2d

309 (1994) Heard v. State 210 Ga. App. 805, 437 S.E. 2d 496

(1993) Graham v. State246 Ga. App. 705, 707 (2), 541 S.E. 2d

679 (2000) Passman v. Blackburn 652 F. 2d 559 (5th Cir. 1981) Colston v. State 205 Ga. App. 782, 423 S.E. 2d 714

(1992)


Defense counsel has a right to be present when his client is present at any kind of identification at or after the initiation of the adversary criminal proceeding. Conversely, there is no right to counsel at an identification before the initiation of the adversary criminal proceeding.

Like most other rights, the presence of counsel may be waived.



Court Case; Moore v. Illinois 434 U.S. 220 (1977) U.S. Supreme

Court




Eyewitness Identification ProceduresInterviewing Eyewitnesses


Essential to any officer’s ability to conduct eyewitness identifications is his/her competence, knowledge, and judgment when initiating and receiving information from eyewitnesses involving their observations and identifications of perpetrators.

When interviewing eyewitnesses regarding their observations in order to make an eyewitness identification of a perpetrator, peace officers must ensure first that the eyewitnesses does not know the suspect.

IF THE EYEWITNESS KNOWS THE SUSPECT, PRETRIAL IDENTIFICATION IS NOT NECESSARY.

However, if the eyewitness does not know the suspect, sound methods of identification must be implemented. This information must be objective and reliable. Peace officers will ensure the eyewitness has no preconceived notions regarding the identity of the suspect and that the recollections have not been tainted as a result of a prior action, event, information, or statements by police, media, or any other source.



Peace officers should probe these five areas with the eyewitness:

The opportunity of the eyewitness to view the suspect at the time of the crime.

The eyewitness’ degree of attention during the crime. The accuracy of the eyewitness’ prior description to the

police or others of the suspect before the observation and identification of the suspect.

The level of certainty demonstrated by the eyewitness and any descriptions before and during the identification of any suspect.

The length of time between the crime and identification process.

PEACE OFFICERS WILL DOCUMENT THE INFORMATON AT THE TIME IT IS GIVEN BY THE EYEWITNESS.



Preparation, Presentation, Preservation


Whether Showup, Physical Lineup, or Photographic Lineup, the three principals of preparation, presentation, and preservation should be considered.

Non-suggestive showups, physical lineups, and photographic lineups may enable the witness to provide a lead in a case in which no suspect has been determined and other reliable sources have been exhausted.



Showups


The courts have thoroughly considered the dangers inherent in the practice of bringing single suspects to confront witnesses for the purpose of pre-trial identification, in particular, the danger of the substantial likelihood of irreparable misidentification.

Such early identification is needed; To guide officers in determining whether or not to look

further for the perpetrator. Because the accuracy and reliability of identification is

likely to be greater at that time. To permit the speedy release of an innocent person

who is in custody.


The investigator should use procedures that avoid unnecessary suggestiveness.

Determine and document, prior to the showup, a description of the perpetrator.

Consider transporting the witness to the location of the detained suspect to limit the legal impact of the suspect’s detention.

When multiple eyewitnesses are involved Separate eyewitnesses and request that they avoid

discussing details of the incident with other witnesses. If a positive identification is obtained from one witness,

consider using other identification procedures (e.g., lineup or photo array) for remaining witnesses.



Peace officers should give the eyewitness precautionary instructions.

Caution the eyewitness that the person he/she is looking at may or may not be the perpetrator.

The investigator should assure the witness that the investigation will continue regardless of whether an identification is obtained.

These instructions to the witness can lessen the pressure on the witness to make an identification solely to please the investigator or because the witness feels it is his/her duty to do so.

Keep in mind that it is just as important to clear innocent parties; a nonidentification can help to refocus the investigation.


It can be helpful to have some indication of how certain the witness is at the time of an identification (or nonidentification).

It is not necessary for the witness to give a number to express his/her certainty. Some witnesses will spontaneously include information about certainty (e.g., “That’s him, I KNOW that’s him,” or, “It could be him”). If the witness does not volunteer information about certainty, then the witness can be asked to state certainty in his/her own words.

A question such as, “How do you know this individual?” will often lead the witness to express his/her certainty.

If a statement of certainty is not obtained, then the investigator can follow up with the question, “How certain are you?”



Showups should be documented at the very least in an investigative narrative articulating the specific facts, circumstances, statements, and conduct of the eyewitnesses and suspects.

Document the time and location of the procedure. Document both identification and nonidentification

results, including the witness’s own words regarding how certain he/she is.

A complete and accurate record of the outcome of the showup can be a critical document in the investigation and any subsequent court proceedings.



Lineup Preparation


Physical lineups and photographic lineups should be conducted in a manner that promotes the reliability, fairness, and objectivity of the witness’ identification.

Prior to physical lineups and photographic lineups, all eyewitnesses should be separated from each other. Eyewitnesses should be instructed that they should not confer with each other before, during, or after the identification procedure. Doing so may taint the process.

The peace officer should compose the lineup in such a manner that the suspect does not unduly stand out.

Lineups should not use other peace officers or individuals that the eyewitness may know.

An identification obtained through lineups composed in this manner may have stronger evidentiary value.


There are two situations in which lineups are conducted. Pre-adversarial status. Post-adversarial status. The sixth Amendment right to counsel attaches at the

post-adversarial lineup. The post-adversarial lineup occurs after the suspect has been provided a first appearance hearing.

The prosecutor should be consulted before any post-adversarial lineup and invited to attend to insulate the police officer from issues brought forth by an attorney present.

Defense attorneys should be given the opportunity to provide feedback.



Only one member of a physical lineup or photographic lineup should be a suspect, and the remainder should be fillers;

The problem with multiple suspect lineups is that the probability of a possible mistaken identification rises dramatically as the number of suspects in a lineup increases.


At least five fillers should be included in a physical lineup and photographic lineup.


The fillers selected should generally fit the witness’s description of the perpetrator at the time of the crime, especially with respect to any unique or significant features.

When there is a limited/inadequate description of the perpetrator provided by the witness, or when the description of the perpetrator differs significantly from the appearance of the suspect, fillers should resemble the suspect in significant features.


Complete uniformity of features is not required. Avoid using fillers that so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers. Lineup fillers must merely match the description of the perpetrator as given by the witness viewing the lineup, as long as the suspect does not unduly stand out.



Place suspects in different positions in each lineup, both across cases and with multiple witnesses in the same case. Position the suspect randomly in the lineup.


When showing a new suspect, avoid reusing fillers in lineups shown to the same eyewitness.

Using the same fillers with a new suspect can make the suspect stand out as the only one not appearing in a previous lineup. This could be considered a suggestive procedure. Also, the witness might recognize one of the fillers and misidentify the filler as the perpetrator.


Ensure that no writings or information concerning previous arrest (s) will be visible to the witness.


These suggestions can help produce a lineup in which the suspect does not unduly stand out. An identification obtained through lineup composed in this manner may have stronger evidentiary value.


Preserve the presentation order. When using photographs, preserve them in their

original condition.




Lineup Presentation


It is urged that the administrator of a physical lineup or photographic lineup should be a neutral independent administrator, and no person familiar with the identity of the suspect should be present during a physical lineup or photographic lineup.


Some jurisdictions may want to consider using a Neutral Independent Administrator. In a typical neutral independent administrator identification procedure, the administrator who conducts the lineup does not know which person in the lineup is the suspect. Using this type of procedure, the case investigator simply has another administrator conduct the lineup who is not familiar with the case, not familiar with the identity of the lineup members, and does not know the lineup position of the suspect. Such a procedure helps ensure not only that the case investigator does not unintentionally influence the witness but also that there can be no arguments later that the witness’s selection or statements at the lineup were influenced by the case investigator.

Although an awareness on the part of the investigator that he/she should do nothing to influence the witness’s choice or certainty can be sufficient to ensure that such influence does not occur, some jurisdictions might nevertheless prefer to use neutral independent administrator procedures.



When it is not feasible to have a physical lineup or photographic lineup administered by a neutral independent administrator, an alternative method may be used, and the administrator should exercise extreme caution to avoid inadvertent signaling to the witness.

Alternative methods may include, but are not limited to: Automated computer programs that can automatically

administer the photographic lineup directly to a witness and prevent the administrator from seeing which photograph the witness is viewing until after the procedure is completed; or

A procedure in which photographs are placed in folders, randomly numbered, shuffled, and then presented to a witness such that the administrator cannot see or track which photograph is being presented to the witness until after the photographic lineup is complete.

Either simultaneous or sequential identification procedures may be used with the alternative methods.


Prior to beginning a physical lineup, the administrator should instruct all those present not to suggest in any way the position or identity of he suspect in the lineup.


Advise the witness that he/she will be asked to view a group of individuals.


Advise the witness that he/she does not have to make an identification, and the identification procedure is important to the investigation whether or not an identification is made.



Because the suspect in the case might not be the actual offender, the identification procedure can in fact help clear innocent persons from suspicion. This advice helps emphasize that failure to identify the suspect might be, in some cases, the appropriate outcome. Clearing an innocent suspect from suspicion can help refocus the investigation on developing other suspects.


Many physical characteristics are changeable. Hair, for instance, can be restyled, colored, cut, grown longer; facial hair can be grown out or cut. Witnesses need to keep in mind that the suspect’s appearance on these changeable features might be different at the time of the lineup than it was at the time of the crime.


This seeks to prevent the misidentification of an innocent suspect. It is important to emphasize that the person who committed the crime may not be present. It does not weaken the investigation if the actual perpetrator is not in the lineup and the witness does not make a selection. In fact, it may benefit the investigation by strengthening the witness’s credibility and helping to refocus the investigation.


This lessens the pressure on the witness to make an identification and reassures the witness that the progress of the investigation does not hinge solely on his/her identification. Even if the witness does not make an identification, the investigation will continue.



“Do you have any questions?”


Remind the witness that discussing the results of the procedure could harm the investigation. Such discussion by the witness may influence any other witnesses’ identification decisions or their certainty.

Witnesses can be advised at this time that the positioning of the lineup members might be changed for other witnesses and that it is important not to try to influence another witness. It is important that witnesses reach decisions independently, not only for investigative purposes but also for later proceedings.



Generally, agencies read an advisory statement or admonition to ensure that all the requirements are covered during the presentation of a lineup.

For example; “In a moment I am going to show you a group of

individuals. This group of individuals may or may not contain the person who committed the crime now being investigated. It is just as important to clear innocent persons from suspicion as to identify guilty parties. Whether or not you make an identification, the investigation will continue. Now, keep in mind that hair styles, beards, and mustaches may be easily changed. Pay no attention to any markings or number that may appear on or near the individual. When you have looked at all the individuals, tell me whether or not you see the person who committed the crime. You do not have to make an identification and the identification procedure is important to the investigation whether or not an identification is made. Do not tell other witnesses that you have or have not identified anyone. Do you understand?”


HANDOUT: Advisory Statement



If an identification is made, each witness should be asked to give feedback in his or her own words regarding his or her level of confidence at the time of the identification. It can be useful in assessing the likelihood of whether or not he identification is accurate. Later, the witness’s certainty might be influenced by other factors. Avoid reporting to the witness any information regarding their selection prior to obtaining any witness’s statement of certainty.

It is not necessary for the witness to give a number to express his/her certainty. Some witnesses will spontaneously include information about certainty. A question such as, “How do you know this individual?” will often lead the witness to express his/her certainty. If a statement of certainty is not obtained, then the investigator can follow up with the question, “How certain are you?”


A major difference in the simultaneous and sequential procedures is that the sequential procedure tends to prevent the witness from making relative judgments. Relative judgments can be problematic because they involve comparing one lineup member to another which could result in picking a person who most looks like the suspect. The sequential procedure leads witnesses to compare each lineup member with their memory of the suspect rather than comparing one lineup member with another lineup member.

The potential for relative judgments can be reduced with a simultaneous procedure by using suggestions of composing, instructing witnesses on, and conducting simultaneous lineups described in this lesson.


Prior to beginning a physical lineup identification procedure, the administrator should instruct all those present not to suggest in any way the position or identity of the suspect in the lineup.


Avoid saying anything to the witness that may influence the witness’s selection.

Prior to beginning a physical lineup identification procedure, the administrator should instruct the witness that:

A. He/she will be asked to view a group of individuals.

B. He/she does not have to make an identification, and the identification procedure is important to the investigation whether or not an identification is made.

C. It is just as important to clear innocent persons from suspicion as it is to identify guilty parties.

D. The individuals depicted in the physical lineup may not appear exactly as the witness observed on the date of the crime because features such as hairstyles and facial hair are subject to change.

E. The perpetrator may or may not be among those shown in the physical lineup.

F. When a neutral independent administrator is conducting the physical lineup, the administrator is not aware of whether the suspect is included in such physical lineup.

G. Regardless of whether an identification is made, law enforcement will continue to investigate the crime.

H. Confirm that the witness understands the nature of the lineup procedure. E.g. “Do you have any questions?



PRESENT THE INDIVIDUALS Ensure that any identification actions such as speaking

or moving are performed by all members of the lineup. If an identification is made, each witness should be

asked to give feedback in his or her own words regarding his or her level of confidence at the time of the identification. It can be useful in assessing the likelihood of whether or not he identification is accurate. Later, the witness’s certainty might be influenced by other factors. Avoid reporting to the witness any information regarding their selection prior to obtaining any witness’s statement of certainty.


Prior to beginning a physical lineup identification procedure, the administrator should instruct all those present not to suggest in any way the position or identity of the suspect in the lineup.

Begin with all lineup participants out of the view of he witness.

Prior to beginning a physical lineup identification procedure, the administrator should instruct the witness that:

A. He/she will be asked to view a group of individuals.

1. Individuals will be viewed one at a time. 2. The individuals will be presented in random

order. 3. Take as much time as needed in making a

decision about each individual before moving to the next one.

4. If the person who committed the crime is present, identify him/her.

5. All individuals will be shown, even if an identification is made.

B. He/she does not have to make an identification, and the identification procedure is important to the investigation whether or not an


identification is made. C. It is just as important to clear innocent persons

from suspicion as it is to identify guilty parties.

D. The individuals depicted in the physical lineup may not appear exactly as the witness observed on the date of the crime because features such as hairstyles and facial hair are subject to change.

E. The perpetrator may or may not be among those shown in the physical lineup.

F. When a neutral independent administrator is conducting the physical lineup, the administrator is not aware of whether the suspect is included in such physical lineup.


H. Confirm that the witness understands the nature of the lineup procedure. E.g. “Do you have any questions?”

Each witness should be shown all individuals even if such witness makes an identification during the physical lineup.



PRESENT THE INDIVIDUALS 1. Present each individual to the witness separately, in

a previously determined order, removing those previously shown.

2. Ensure that any identification actions such as speaking or moving are performed by all members of the lineup.

3. Avoid saying anything to the witness that may influence the witness’s selection.



Because the suspect in the case might not be the actual offender, the identification procedure can in fact help clear innocent persons from suspicion. This advice helps emphasize that failure to identify the suspect might be, in some cases, the appropriate outcome. Clearing an innocent suspect from suspicion can help refocus the investigation on developing other suspects.



Many physical characteristics are changeable. Hair, for instance, can be restyled, colored, cut, grown longer; facial hair can be grown out or cut. Witnesses need to keep in mind that the suspect’s appearance on these changeable features might be different at the time of the lineup than it was at the time of the crime.


This seeks to prevent the misidentification of an innocent suspect. It is important to emphasize that the person who committed the crime may not be present. It does not weaken the investigation if the actual perpetrator is not in the lineup and the witness does not make a selection. In fact, it may benefit the investigation by strengthening the witness’s credibility and helping to refocus the investigation.


This lessens the pressure on the witness to make an identification and reassures the witness that the progress of the investigation does not hinge solely on his/her identification. Even if the witness does not make an identification, the investigation will continue.


“Do you have any questions?”






Generally, agencies read an advisory statement or admonition to ensure that all the requirements are covered during the presentation of a lineup.

For example; “In a moment I am going to show you a group of

photographs. This group of photographs may or may not contain a picture of the person who committed the crime now being investigated. It is just as important to clear innocent persons from suspicion as to identify guilty parties. Whether or not you make an identification, the investigation will continue. Now, keep in mind that hair styles, beards, and mustaches may be easily changed. Also, photographs may not always depict the true complexion of a person – it may be lighter or darker than shown in the photograph. Pay no attention to any markings or number that may appear on the photographs. When you have looked at all the photographs, tell me whether or not you see the person who committed the crime. You do not have to make an identification and the identification procedure is important to the investigation whether or not an identification is made. Do not tell other witnesses that you have or have not identified anyone.

Do you understand?”



HANDOUT: Advisory Statement


If an identification is made, each witness should be asked to give feedback in his or her own words regarding his or her level of confidence at the time of the identification. It can be useful in assessing the likelihood of whether or not the identification is accurate. Later, the witness’s certainty might be influenced by other factors. Avoid reporting to the witness any information regarding their selection prior to obtaining any witness’s statement of certainty.

It is not necessary for the witness to give a number to express his/her certainty. Some witnesses will spontaneously include information about certainty. A question such as, “How do you know this individual?” will often lead the witness to express his/her certainty. If a statement of certainty is not obtained, then the investigator can follow up with the question, “How certain are you?”


Prior to beginning a simultaneous photographic lineup identification procedure, the administrator should instruct the witness that:

A. He/she will be asked to view a set of photographs.



D. The individuals depicted in the photographic lineup may not appear exactly as the witness


observed on the date of the crime because features such as hairstyles and facial hair are subject to change.

E. The perpetrator may or may not be among those shown in the photographic lineup.

F. When a neutral independent administrator is conducting the photographic lineup, the

administrator is not aware of whether the suspect is included in such photographic lineup.


H. Confirm that the witness understands the nature of the lineup procedure. E.g. “Do you have any questions?”

Each witness should be shown all photographs even if such witness makes an identification during the photographic lineup.

PRESENT THE PHOTOGRAPHS During the presentation, avoid saying anything to the

witness that may influence the witness’s selection. If an identification is made, each witness should be

asked to give feedback in his or her own words regarding his or her level of confidence at the time of the identification. It can be useful in assessing the likelihood of whether or not he identification is accurate. Later, the witness’s certainty might be influenced by other factors. Avoid reporting to the witness any information regarding their selection prior to obtaining any witness’s statement of certainty.

It is not necessary for the witness to give a number to express his/her certainty. Some witnesses will spontaneously include information about certainty. A question such as, “How do you know this individual?” will often lead the witness to express his/her certainty. If a statement of certainty is not obtained, then the


investigator can follow up with the question, “How certain are you?”

Advise the witness not to discuss the identification procedure or its results with other witnesses involved in the case and discourage contact with the media.



Prior to beginning the sequential photographic lineup identification procedure, the administrator should instruct the witness that:

A. He/she will be asked to view a set of photographs.

1. Individual photographs will be viewed one at a time.

2. The photographs are in random order. 3. Take as much time as needed in making a

decision about each photograph before moving on the next one.

4. All photographs will be shown, even if an identification is made.



D. The individuals depicted in the photographic lineup may not appear exactly as the witness observed on the date of the crime because features such as hairstyles and facial hair are subject to change.

E. The perpetrator may or may not be among those shown in the photographic lineup.

F. When a neutral independent administrator is conducting the photographic lineup, the

administrator is not aware of whether the suspect is included in such photographic lineup.


H. Confirm that the witness understands the nature of the sequential lineup procedure. E.g. “Do you have any questions?”



PRESENT THE PHOTOGRAPHS During the presentation, avoid saying anything to the

witness that may influence the witness’s selection. Each witness should be shown all photographs even if

such witness makes an identification during the photographic lineup.

1. Present each photograph to the witness separately, in a previously determined order, removing those previously shown.

2. Avoid saying anything to the witness that may influence the witness’s selection.





Lineup Preservation


When conducting a showup, physical lineup or photographic lineup, the administrator should preserve the outcome of the procedure by documenting any identification or non-identification result obtained from a witness. All witness responses to the physical lineup or photographic lineup participants should be documented using the witness’s own words, either in writing or with an audio or video recording.


A complete and accurate record of the outcome of the identification procedure can be a critical document in the investigation and any subsequent court proceedings.


Most departments have a form on which to document the results of a lineup identification procedure. Usually, such forms have a place to enter the number of the lineup member who was selected (if any), the name and other identifying information of witness, the date of the lineup was held, the name of the administrator, a case number, and lines for signatures of the witness and administrator.


Most departments have a form on which to document the lineup identification procedure. Usually, such forms have a place to enter the date of the lineup was held, the names of others who were present, and a case number.

Identification data will be documented on all the participants in the lineup.



Physical lineup participants should be photographed or video taped in color as shown to the eyewitness with the appropriate numbers in place.


HANDOUT: Participant Physical Lineup Form Participant Photographic Lineup Form


This documentation should be of a quality that represents the lineup clearly and fairly.

Preserve the presentation order of lineups. In addition, the photographs themselves should be preserved in their original condition.






HANDOUT: Physical lineup identification Photographic lineup identification


Peace officers must ensure that they independently corroborate all facts and circumstances possible regarding the eyewitness’ identification of the perpetrator. Fact-finding should be very specific and all encompassing.


Agency PolicyAgency Policy


HANDOUT: Agency Policy


HANDOUT: Identification Display Folder


