G13.2.4 Lineups and Field Show Ups
Chapter: Chapter 13 – Investigative Services
Sub-Chapter: 13.2 - Special Investigative Operations
Effective Date: 06/11/2020
Revised Date: 02/27/2023
Rescinds: G13.2.4 – 6/11/2020
Purpose
To describe the procedures for the Indiana University Police Department (IUPD) to conduct eyewitness identifications.
General Order
The IUPD will use eyewitness identification techniques, when appropriate, to enhance the investigative process. The IUPD may utilize field show ups or photographic lineups (photo arrays) ensuring safeguards are in place to prevent improper or mistaken eyewitness identifications. To reduce the risk of wrongful conviction and aid in the detection and apprehension of the guilty, the IUPD will strictly adhere to these procedures to maximize the reliability of witness identifications, minimize unjust accusations of innocent persons, and establish evidence that is reliable and conforms to established legal procedure.
Definitions
Field show up – An identification procedure in which an eyewitness is presented with a single suspect within a short time following the commission of a crime for the purpose of determining whether the eyewitness identifies the individual as the perpetrator.
Lineup – An identification procedure in which an array of live individuals or photographs, including the suspect of the offense and additional persons not suspected of the offense, are displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
General rules for eyewitness identification procedures
Officers will not, by word or gesture, suggest opinions to any witness concerning the guilt or innocence of a suspect in any identification procedure. Witnesses making inquiries about an officer’s opinion will be informed of this restriction.
Each witness is to view any identification procedure separately. Witnesses will not be permitted to communicate with each other until all identification procedures are completed and should be instructed not to discuss their identifications with anyone else. When there are multiple suspects, each identification procedure will include only one suspect.
The use of an identification procedure may be unnecessary under the following conditions:
- When the witness knows the identity of the suspect before the offense occurred or learned the suspect’s identity without police assistance after the offense. A photo lineup can be performed to establish additional probable cause.
- When the witness would be unable to recognize the suspect of the offense, such as when a suspect’s face is completely covered during the commission of a crime.
Composition and presentation process for live or photographic lineups (13.2.4 a)
The IUPD does not conduct live line ups. The IUPD does utilize photographic lineups, also referred to as photo arrays. Only IUPD personnel who have been trained in creating and presenting a photo array are authorized to conduct this eyewitness investigative technique.
A photo array consists of showing a group of similar photos to a witness all at the same time. Witnesses will be advised the perpetrator may or may not be present in the photo array. Photo arrays will be conducted using the following guidelines:
- A minimum grouping of six (6) photos will be used to create the photo array and will include five (5) filler photos with one (1) suspect. All photos will be of similar size, composition, and color, ensuring no identifying information is contained within the photo.
- The photo of the suspect will resemble as much as possible their appearance at the time of the offense and will reasonably resemble the witness’s description of the perpetrator.
- All filler photos will resemble the suspect photo as much as possible, with consideration for physical characteristics and attributes of the individuals.
- If there is more than one suspect, each suspect photo will be placed in the grouping of six separately from any other suspect, and the grouping will be changed so that the suspect’s photos are not always in the same position in the grouping.
- When conducting the photo array, an independent administrator is preferred. An independent administrator is another sworn IUPD officer who has no knowledge of the suspect’s identity.
- If an independent administrator is not available, the photo array will be conducted by the investigating officer using procedures that preclude the investigator from knowing when the suspect is presented to the witness. The photos will be placed in separate folders. Four (4) empty folders will be included, for a total of ten (10) folders. The investigator will shuffle the folders before providing them to the witness. The investigator will position themselves so they cannot see inside the folders as they are viewed by the witness.
- If there is more than one witness, each witness will be shown the array separately and witnesses will not be permitted to communicate with each other until after the array procedure has been completed.
- If the witness has previously viewed a photo array in connection with the identification of another person suspected of involvement in the offense, the fillers in the array will be different from the fillers used in any prior arrays.
- If identification is made, the witness will be told to circle the identified photo, and write their name, date, and time next to it.
- If identification is made, the officer will assess witness confidence immediately following the identification, and clearly document witness confidence in the case report.
- If no identification is made, this fact will be clearly documented in the case report.
- Any and all photo arrays created, viewed, identified or not identified will be kept and secured within the case report.
- No person has the right to have a lawyer present at any photo array whether it takes place before or after an arrest.
Instructions to witnesses and documentation (13.2.4 b)
Prior to presenting the photo array, the investigator will verbally advise the witness the following and confirm their understanding.
“You will be asked to view a series of photos of individuals. It is just as important to clear innocent persons from suspicion as to identify guilty parties.
(If using an independent administrator) I do not know whether the person being investigated is included in this series.
Individuals present in the series may not appear exactly as they did on the date of the incident because features such as head hair and facial hair are subject to change. You should not feel that you must make an identification. If you do identify someone, I will ask you to describe in your own words how certain you are.
(If an independent administrator is not available) The folders may or may not contain a photo and are not in any order.
(If using an independent administrator) The photos are not in any order.
Take as much time as you need to examine each photo. If you make an identification, continue to look at the remaining photos in the series.
Regardless of whether you make an identification, we will continue to investigate the incident. Since this is an ongoing investigation, you should not discuss the identification procedures or results with anyone else.”
Any eyewitness identification procedures should be audio and video recorded. All information regarding any identification procedure will be documented in the officers written report and will include:
- All identification and non-identification results.
- Confidence or certainty statements made by the witness.
- Names of all persons present.
- Date, time, and location.
- Any significant remarks made by those present.
Procedures in administration to the deaf, illiterate or those with limited English language proficiency (13.2.4 c)
Officers will make a reasonable effort to arrange for an interpreter before proceeding with eyewitness identification if communication with a witness is impeded due to hearing or language barriers.
Before the interpreter is permitted to discuss any matter with the witness, the investigating officer will 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.
If the person is illiterate, the officer conducting the eyewitness identification will verbally give a full explanation, reading aloud all instructions and confirming the witness’s understanding.
The officer will fully document in their report any additional steps that were taken to conduct a photo array or field show up with a witness who was deaf, illiterate or had limited English language proficiency.
Criteria defining when it is appropriate to utilize a field show up (13.2.4 d)
An officer may arrange a field show up between a witness and a suspect whenever a potential suspect is located and detained within a reasonable length of time, in proximity to the location of the crime, and fits the specific description of the perpetrator given by the witness.
A suspect cannot be detained for longer than a reasonable period of time to confirm or refute whether the suspect is the perpetrator. When conducting a field show up, officers will use the following guidelines:
- Description: Officers at the scene and in contact with the witness will obtain a detailed description of the perpetrator before the suspect is shown to the witness. The witness should advise the officers that they may be able to recognize the person who committed the crime prior to the field show up.
- Location: A suspect should not be taken to the police department for a show up unless prior approval is received from the county prosecutor’s office. The suspect should be detained at the place they were located, in the least restrictive manner possible that will ensure the suspect remains with the officer. The witness should be transported to the suspect’s location for the field show up. Suspects should not be transported to the witness’s location unless exigent circumstances exist.
- Minimize suggestiveness: If possible, the suspect should not be shown handcuffed or in the back seat of a patrol car. If the suspect is handcuffed, officers will take measures to conceal this fact from the witness when possible. Suspects will not be required to put on clothing worn by the perpetrator. However, they may be asked but not required to speak words uttered by the perpetrator or perform other actions of the perpetrator. Officers will advise the witness that the person detained may or may not be the perpetrator and the witness should not feel compelled to make an identification. (13.2.4 b) If the witness makes an identification, officers will not confirm or corroborate the identification.
- Multiple witnesses: Field show ups will not be conducted with more than one witness present at a time. If there is more than one witness, the show up will be conducted separately for each witness, and witnesses will not be permitted to communicate before or after any field show up regarding the identification of the suspect. The same suspect will not be presented to the same witness more than once.
- Witness confidence: Officers will assess the confidence of witnesses immediately following the field show up identification. Officers will make a note of witness confidence remarks for report documentation.
- Multiple suspects: If there are multiple suspects, the suspects will be separated and subjected to separate field show up procedures.
- Photographing suspects: Officers should consider photographing the suspect(s) in the field as documentation to be included in the incident report.
- Emergency/Exigent circumstances: In emergency circumstances, such as when a witness is in danger of imminent death or blindness, or when a suspect is in danger of imminent death, an immediate show up may be arranged if medical authorities permit. In these situations, time and location limitations contained in the preceding guidelines may be disregarded. If there is any doubt about an emergency show up, officers should contact a supervisor and/or the county prosecutor’s office immediately for guidance.
- Cruising area of offense: Nothing in these guidelines prohibits the common procedure of transporting a witness in a patrol car to cruise the general area in which a crime has occurred in hopes of spotting the perpetrator and arranging a field show up identification procedure.
- Right to a lawyer: No person has a right to have a lawyer present at any field show up procedure.
- Release after field show up: If the detained suspect is not identified by a witness as the perpetrator, and officers lack any other probable cause for an arrest, the suspect will be released after obtaining basic information.