6.145 Witness Identification Flashcards
What is the overall policy of “Witness Identification”?
It is the policy of this department when eyewitness identification is used as an investigative tool, officers shall adhere to the procedures set forth in order to maximize the reliability of identifications, minimize unjust accusations of innocent persons and to establish evidence which is reliable and in conformance with established legal procedure.
This policy pertains to especially photo line-ups, line-ups, and show-ups. If a video and/or audio recording is used for any line-up, the officer conducting the line-up will impound the recording per LVMPD 7.310, Impounding Evidence and Property. Mugs books generated by officers will not be shown to witnesses for identification purposes, unless specifically requested by the District Attorney’s Office.
What are the supervisors responsibilities when conducting a photo line-up?
Supervisor responsibilities:
- Will ensure the lead detective identifies which method will be utilized to show the photo line-up to eyewitness.
- Ensure all photographs used in the photo line-up depict a visual likeness of the potential suspect.
- Ensure photographs positions have been changed when a simultaneous photo line-up is used.
- Review each photo line-up package and associated paperwork, post eyewitness viewing to ensure completeness.
When should Show-Up Procedures be completed to ensure legality.
In the event multiple suspects are detained at same time, a show-up will only be conducted with one suspect at a time. The show-up should be done within a relative timeframe of 1-3 hours following the incident.
A show-up should be conducted at the location where the suspect is detained, within sixty (60) minutes of detainment, if not under arrest. See NRS 171.123
An officer, who is not participating in the investigation of the criminal offense, is unaware of which person in the line-up is the potential suspect and shows the photo line-up to the eyewitness. Also known as the “double blind” method.
Independent Administrator
When can a photo line-up be the sole basis for an arrest?
When approved by a lieutenant and the District Attorney’s office.
Individuals or photographs of individuals that resemble the description of the suspect, while not permitting the suspect to stand out, that are used to fill in a live line-up or photo line-up. A minimum of five (5) fillers will be used with any simultaneous or sequential line-up. Individuals who are suspects in the same case will not be used as fillers. Only one suspect per line-up (live or photo) will be used.
Fillers
When may a sequential line-up be used instead of a simultaneous line-up?
When the officer cannot prepare a line-up front the LVMPD mug shot system and must rely upon photographs from outside sources (i.e. yearbook photos, DMV photos, etc.).
Prior to conducting a simultaneous line-up (six-pack), what are the supervisor’s responsibilities?
- Ensure the lead detective identifies which photo-lineup method will be utilized.
- Ensure all photographs used in the photo line-up depict a visual likeness of the suspect.
- Ensure photograph positions are changed before they are shown to a new witness.
- Review each photo line-up package and associated paperwork to ensure completeness.
What are the procedures for requesting a “live line-up” at CCDC?
The request must be made by contacting the booking lieutenant’s office prior to 1200 hours the day before the scheduled line-up. The line-up will be conducted on the ground floor of CCDC between the hours of 0900-1030 hours, Monday through Friday.
How soon after an incident should a show-up be conducted?
Between 1 to 3 hours.
