GENERAL ORDER PORT WASHINGTON POLICE DEPARTMENT

Similar documents
Eyewitness Identification. Professor Nancy K. Steblay Augsburg College Minneapolis

If at all possible, it is strongly recommended that you get advice from a lawyer to help you with this application.

CONTEMPT. This packet contains forms and information on: How to File a Petition for Citation of Contempt

DATA REQUEST GUIDELINES

CBA Response to Private Prosecuting Association Consultation entitled. Private Prosecutions Consultation. 6 th March 2019

Measuring Public Opinion

FD/FOC4037 USE THIS MISCELLANEOUS MOTION PACKET FOR

Guardianship & Conservatorship In Virginia

Multi-Agency Guidance (Non Police)

Activities: Teacher lecture (background information and lecture outline provided); class participation activity.

COURT FACILITY EQUAL ACCESS POLICY

Most Frequently Asked Questions

MASSACHUSETTS CRIMINAL PROCEDURE DISTINCTIONS PROFESSOR ISAAC BORENSTEIN SUFFOLK UNIVERSITY LAW SCHOOL

3. Recruit at least one other person to help you with registration and other tasks on Caucus night.

MEMBER PROTECTION POLICY

Common Evidentiary Predicates to Authenticate Evidence

Deferred Action for Parental Accountability (DAPA) Frequently Asked Questions December 4, 2014

DEPUTY DISTRICT ATTORNEY I $5,461 - $7,410/Month

IEEE Tellers Committee Operations Manual

Printed copies are for reference only. Please refer to the electronic copy in Scouts.ca for the latest version.

CJS 220. The Court System. Version 2 08/06/07 CJS 220

REGISTERED STUDENT ORGANIZATION LEADERSHIP TEAM Drafted on: April 25, 2013

Role Play Magistrate Court Hearings Teacher information

NUTS AND BOLTS OF PERFORMING NOTARIAL ACTS. Kathleen Butler, Executive Director American Society of Notaries Austin, TX August 30, 2017

EXHIBIT A. LAPEER DISTRICT LIBRARY FREEDOM OF INFORMATION ACT (FOIA) PROCEDURES & GUIDELINES Effective July 1, 2015

OXON CHURCH OF ENGLAND PRIMARY SCHOOL COMPLAINTS POLICY

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA DIVISION

2018 APPLICATION FOR APPOINTMENT TO NEW ALBANY CITY COUNCIL

INSTRUCTIONS FOR VACATING MISDEMEANOR AND GROSS MISDEMEANOR CONVICTIONS

Recording Secretary Participant Workbook Facilitators: Colin Treanor (UConn 2014) Jake Lueck (Kansas 2017)

Attending the Coroner s Court as a witness and how to give evidence

INSTRUCTIONS FOR FILING A COMPLAINT FOR DIVORCE WITHOUT MINOR CHILDREN

CAMPAIGN REGISTRATION STATEMENT STATE OF WISCONSIN ETHCF-1

LAST UPDATE: POLICY SOURCE: Chief of Police TOTAL PAGES: 7

NYS Common Core ELA & Literacy Curriculum D R A F T Grade 12 Module 2 Unit 1 Lesson 7

Supporting Documentation Requirements for Renewal of Pa.C.P. Credential

Child migration (subclass 101, 102, 445 and 117)

t <u o: CU 8fe a- (U .Si, CD O Q) Squeaky Clean 1 Lawn Enforcement ICollege Concierge 1 Lettuce-Do-Lunch 1 Jazz My Wheels 'f5 E 3 'u <D u (/) UIO3-

The Genuine Temporary Entrant (GTE) Requirement (Recommendations 1 and 2)

FLORIDA S DEPENDENCY BENCHBOOK BENCHCARD: PSYCHOTROPIC MEDICATION HEARING

Findings from the Federal, State, and Tribal Response to Violence Against Women in Indian Country Studies

National Criminal History Record Check (NCHRC) Application Consent to Obtain Personal Information - December 2011

LEGAL BRIEF SMALL CLAIMS COURT JANUARY 2016

HOW TO CHANGE YOUR NAME (for an Adult)

GUIDELINES FOR GRANT APPLICATION FOR TEMPORARY RELOCATION

Supervised Legal Practice Guidelines (Legal Profession Act 2008)

Alternative Measures for Adult Offenders ALT 1. March 1, 2018 CHA 1 CHI 1 CRI 1 FIR 1 HAT 1 IPV 1 SEX 1

SALSA CLUB CONSTITUTION. Constitution of the "Salsa Club"

WITH RECENT CHANGES ISSUED BY THE CFPB, FINAL REMITTANCE TRANSFER REGULATIONS TO BECOME EFFECTIVE FEBRUARY 7, 2013

LM18 - Criminal Convictions Window

Steps to Organize a CNU Chapter Congress for the New Urbanism

- Problems with e-filing, especially for people from lower-income backgrounds. - Receiving memos / communication from one side and not the other

CARL Backgrounder on the New Citizenship Act (formerly Bill C-24) INTRODUCTION

7.0 Eagle/Cloverdale Alignment

US ESTA Application Form

Criminal Procedure and Evidence. By Zohra Arbabzada

MICHIGAN CONTRACTS & SALES DISTINCTIONS PROFESSOR ANNE LAWTON MICHIGAN STATE UNIVERSITY COLLEGE OF LAW

Ch nook Aboriginal Management Certificate Program (AMP) 2015 Application Form

Congressional Debate Parliamentarian Instructions

Model Police Policy Body Worn Cameras. An Aid for Prosecutors

PEER INTERVIEW. Conduct a 15-minute face-to-face interview with a colleague

PRE-ELECTION NATIONAL SURVEY KEY FINDINGS, INDONESIA

ROSE-HULMAN COMPLAINT RESOLUTION PROCEDURE FOR CIVIL RIGHTS EQUITY

Engage MAT DBS Policy

Video Course Evaluation Form. Atty ID number for Pennsylvania: Name of Course You Just Watched

FACULTY OF HEALTH SCIENCES A QUICK AND UNDERSTANDABLE GUIDE TO COPYRIGHT AND PLAGIARISM POLICIES

Community Protocol for Domestic Violence Cases in Shawnee County

SUMMARY OF NORTH CAROLINA EXPUNCTIONS. Criteria Filing Requirements Add l Information

INFORMATION ON THE SELECTION PROCESS OF JUDGES AT THE UNIFIED PATENT COURT

Electronic Filing MEMORANDUM. Pat Neill. DATE: June 8, Research Regarding Sustainable Future Section Courthouse Project.

Forms Packet Copyright 2013

Establishing the standard of care against which the D will be assessed;

TEXAS AGENCY PROFESSOR WILLIAM BIRDTHISTLE CHICAGO KENT COLLEGE OF LAW

West Tankers applies, so the Commercial Court points to other options in Nori Holdings Ltd v Bank Otkritie [2018] EWHC 1343 (Comm)

NYS Common Core ELA & Literacy Curriculum D R A F T Grade 12 Module 2 Unit 1 Lesson 2

Community Protection Notices and Public Space Protection Orders. County Policing Command. Superintendent David Buckley

Northern Source, LLC v Kousouros 2012 NY Slip Op 33203(U) February 22, 2012 Sup Ct, NY County Docket Number: /2008E Judge: Paul G.

Answer: The issue in this question is whether Donny acted in reliance of Ann s offer to get the reward of $1000.

DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Thursday, March 26, 2009

CALIFORNIA EVIDENCE ESSAY WORKSHOP PROFESSOR CHRISTOPHER IDE-DON UC DAVIS SCHOOL OF LAW

1. Humanities-oriented academic essays are typically both analytical and argumentative.

HIGH COMMISSION OF INDIA

IMMIGRATION Canada. Temporary Resident Visa. Nairobi Visa Office Instructions. Table of Contents. For the following countries:

Bob Simpson: Director of Intergovernmental Relations, Inuvialuit Regional Corp.

OFFICIAL MINUTES OF THE PALM BEACH COUNTY COMMISSION ON ETHICS PALM BEACH COUNTY, FLORIDA AUGUST 3, 2017

Logging in. Once logged in, go to the My AAMVA link in the top right of the screen.

Candidate Information Packet

ORGANIZING A LEGAL DISCUSSION (IRAC, CRAC, ETC.)

Social Media and the First Amendment

FDP MEETING REPORT/SUMMARY. Session Info. Activities/Outcomes/ The newly established steering committee was formulated and has been Progress to Date

due date: Monday, August 31 (first day of school) estimated time: 3 hours (for planning purposes only; work until you finish)

personal data means any information relating to an identified or identifiable natural person;

IMMIGRATION Canada. Temporary Resident Visa. Pretoria Visa Office Instructions. Table of Contents. For the following countries:

REQUEST TO ARBITRATE

45-47 Part 1: General & Specified Prohibited Conduct Lecture 11: Consumer Protection Law

! EQUITY! LAWS%2015%!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 1!

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN. v. Case No. 15-CV-324

AGENCY PROFESSOR WILLIAM BIRDTHISTLE CHICAGO KENT COLLEGE OF LAW

Definitions of key legal terms

Appellee Strategies in the Federal Courts of Appeal Leveraging Appellate Waivers, Cross Appeals, and Other Proactive Tactics in Civil Appeals

Transcription:

GENERAL ORDER PORT WASHINGTON POLICE DEPARTMENT SUBJECT: EYEWITNESS IDENTIFICATION NUMBER: 6.3.4 ISSUED: 5/6/09 SCOPE: All Swrn Persnnel EFFECTIVE: 5/6/09 DISTRIBUTION: General Orders Manual RESCINDS 34.1 REFERENCE: WI State Statutes: Wiscnsin State Statute175. 50(2) & 2005 Wiscnsin Act 60 AMENDS WILEAG 5 th EDITION STANDARDS: 6.3.7 INDEX AS: Eyewitness Identificatin Line ups Pht Array Shw Up PURPOSE: T establish guidelines fr the use f eyewitness identificatin prcedures invlving pht arrays, live lineups, shwups, & facial cmpsites. Further, t reduce the risk f wrngful cnvictin f inncent persns while increasing the prbability f cnvicting the guilty persns. This Order cnsists f the fllwing numbered sectins: I. POLICY II. DEFINITIONS III. PROCEDURES I. POLICY Eyewitness identificatin has always been a pwerful tl fr investigating and prsecuting criminal cases. Eyewitness evidence can be the mst imprtant and cnvincing evidence in a case. Research and natinwide experience suggest that eyewitness evidence can be fragile, and that eyewitnesses can be mistaken. Eyewitnesses can make identificatin errrs, but thse errrs may be difficult t detect, because the witnesses are sincere and have n mtive t lie. When wrng, they usually are nt being deceitful, but are simply mistaken. T reduce the risk f wrngful cnvictin and aid in the detectin and apprehensin f the guilty, fficers shuld adhere t prcedures set frth here in rder t maximize the reliability f identificatins, minimize unjust accusatins f inncent persns and t establish evidence that is reliable and cnfrms t established legal prcedure. Revised 1/9/19 1 General Order 6.3.4

II. DEFINITIONS A. Pht Array: The sequential shwing f multiple phtgraphs t an eyewitness fr the purpse f btaining an identificatin. B. Live Lineup: The presentatin f a number f individuals, including a suspect, sequentially befre an eyewitness. C. Shwup: The presentatin f ne suspect t an eyewitness within a shrt time fllwing cmmissin f a crime. III. PROCEDURES A. Pht Arrays & Live Lineups General Cnsideratins 1) Chse nn-suspect fillers that fit the witness s descriptin and that minimize any suggestiveness that might pint tward a suspect; 2) Use duble blind prcedures, in which the administratr is nt in a psitin t unintentinally influence the witness s selectin; 3) Specifically instruct eyewitnesses that the real perpetratr may r may nt be present and that the administratr des nt knw which persn is the suspect; 4) Present the suspects and fillers sequentially (ne at a time) rather than simultaneusly (all at nce.) This encurages abslute judgments f each persn presented, because eyewitnesses are unable t see the subjects all at nce and are unable t knw when they have seen the last subject; 5) Assess eyewitness cnfidence immediately fllwing an identificatin. Carefully dcument a witness s respnse befre any feedback frm law enfrcement; 6) Avid multiple identificatin prcedures in which the same witness views the same suspect mre than nce. B. Shwups General Cnsideratins Sme curts have suppressed identificatin evidence based n the use f shwups due t inherent suggestiveness f the practice. Therefre, the use f shwups shuld be secndary in preference t the use f pht arrays r lineups when pssible. Hwever, when exigent circumstance requires the use f a shwup, the fllwing guidelines shuld be cnsidered: 1) Dcument the eyewitness s descriptin carefully prir t the shwup. Revised 1/9/19 2 General Order 6.3.4

2) Whenever practical, transprt the eyewitness t the lcatin f the suspect. Shwups shuld nt be cnducted at law enfrcement headquarters r ther public safety buildings. 3) Specifically instruct eyewitnesses that the real perpetratr may r may nt be present. 4) Shwups shuld nt be cnducted with mre than ne witness present at a time. If identificatin is cnducted separately fr mre than ne witness, witnesses shuld nt be permitted t cmmunicate befre r after any prcedures regarding the identificatin f the suspect. 5) The same suspect shuld nt be presented t the same witness mre than nce. 6) Shwup suspects shuld nt be required t put n clthing wrn by the perpetratr. They may be asked t speak wrds uttered by the perpetratr r t perfrm ther actins f the perpetratr. 7) Wrds r cnduct f any type by fficers that may suggest t the witness that the individual is r may be the perpetratr shuld be scrupulusly avided. 8) Assess eyewitness cnfidence immediately fllwing an identificatin. C. Facial Cmpsite General Cnsideratins Inaccurate infrmatin frm utside an eyewitness s memry can taint develpment f a cmpsite. As with pht arrays, live lineups, and shwups, cmpsites can be cmprmised if the witness s descriptin relies n infrmatin learned frm external surces after the crime r if the persn administering the prcedure either unintentinally supplies the witness with infrmatin r unintentinally incrprates utside knwledge f the case int the prductin f the cmpsite. Fr this reasn, when a cmpsite is used, duble-blind cncepts & principles in which bth the witness and the persn making the cmpsite are unaware f external infrmatin abut the case may be helpful. It may nt be feasible t cnduct a cmpletely duble-blind prcedure fr a variety f reasns, in which case witnesses shuld be tld t rely n their independent recllectin f the event - nt infrmatin learned frm ther surces - and administratrs must be mindful f any natural tendency t incrprate prir knwledge int the prcess. Reference Fllwing Appendices: Appendix 1: First Respnder Checklist-Eyewitness Identificatin Appendix 2: Pht Cllectin Display Instructins Appendix 3: Pht Arrays- Flder System Appendix 4: Pht Array Instructins-Flder System Appendix 5: Fllw-up Investigatr Checklist-Eyewitness Identificatin Prcedures Appendix 6: Pht Array Instructin Sheet -Independent Administratr Appendix 7: Live Lineups Revised 1/9/19 3 General Order 6.3.4

Appendix 8: Live Lineup Instructins Appendix 9: Shw-ups Appendix 10: Shw-up Instructins D. BIENNIAL REVIEW The Department shall biennially review this plicy as directed by Wiscnsin State Statute 175.50(3). The first review shall ccur tw years after this General Order becmes effective. APPROVED: DATE: Chief Kevin Hingiss 1/9/19 Revised 1/9/19 Revised 7/12/16 Reviewed 5/1/14 Revised 2/28/12 Revised 5/21/10 Revised 1/9/19 4 General Order 6.3.4

APPENDIX 1 First Respnder Checklist Eyewitness Identificatin GENERALLY Identify all ptential eyewitnesses at the scene and ask them t remain fr identificatin purpses. Take precautins t separate eyewitnesses & prevent them frm cmmunicating with each ther. Interview each eyewitness separately frm any ther. Ask witnesses t prvide a detailed descriptin f the perpetratr and the crime. Seek t determine the lcatin f the eyewitness s vantage pint as precisely as pssible. Dcument the interactin with the witness in as much detail as pssible. An electrnic recrding may be beneficial. Stay bjective; avid giving psitive r negative feedback as yu cllect infrmatin. SHOW-UPS Befre cnducting a shw-up, cnsider that a prperly cnducted pht array r lineup may be mre reliable than a shw-up. Befre the shw-up is cnducted, ask the witness t give a detailed descriptin f the perpetratr, and carefully dcument this descriptin in writing. In general, cnduct shw-ups nly when it is dne clse in time & space t the crime. Cnsider the future availability f witnesses in deciding whether t cnduct a shw-up. Videtape r auditape the entire shw-up prcedure if pssible & practical. Whenever practical, transprt the witness t the lcatin f the detained suspect (as ppsed t transprting the suspect t the witness). Use a neutral lcatin; d nt cnduct a shw-up at a plice statin r ther public safety building. Read written instructins alud & give the witness a cpy f instructins when available. Ask the witness t sign the sheet. If pssible and safe, have the witness view the suspect while the suspect is nt restrained by handcuffs r by the fficer, and while the suspect is nt seated in a squad car. Avid wrds r cnduct f any type that may suggest t the witness that the individual is r may be the perpetratr. After the witness views the suspect, ask the witness, "Is this the persn yu saw [insert descriptin f act]?" Revised 1/9/19 5 General Order 6.3.4

If the witness answers "Yes," ask the witness, "In yur wn wrds, can yu describe hw certain yu are?" Dcument the witness s respnses t each questin. Whenever pssible, phtgraph the suspect at the time f the shw-up. Dcument: -the administratr s name -the prcedure emplyed -date, time, and lcatin f the prcedure -names f all persns present during the shw-up Shw-up Prcedures fr Multiple Witnesses and Multiple Suspects In additin t the abve Cnduct individual prcedures fr each witness. D nt cnduct shw-ups with mre than ne witness present at a time. If there are tw suspects, have the witness view tw separate shw-ups, each cnducted in accrdance with these prcedures. D nt shw a witness tw r mre suspects at the same time. Revised 1/9/19 6 General Order 6.3.4

APPENDIX 2 PHOTO COLLECTION DISPLAY INSTRUCTIONS In a mment, I am ging t shw yu a cllectin f phts. The persn wh cmmitted the crime may r may nt be included in the phts. Keep in mind that things like hairstyles, beards, and mustaches can be easily changed and that cmplexin clrs may lk slightly different in phtgraphs. Yu shuld nt feel yu have t make an identificatin. It is as imprtant t exclude inncent persns as it is t identify the perpetratr. Yu will lk at the phts and they are nt in any particular rder. Take as much time as yu need. Tell me immediately if yu recgnize anyne in ne f the phtgraphs. Because yu are invlved in an nging investigatin, in rder t prevent cmprmising the investigatin, yu shuld avid discussing this identificatin prcedure r its results. D yu understand the way the pht cllectin prcedure will be cnducted and the ther instructins I have given yu? I have read these instructins, r they have been read t me, and I understand the instructins. I am prepared t review the phtgraphs, and I will fllw the instructins prvided n this frm. Signature Date Print Name Revised 1/9/19 7 General Order 6.3.4

Revised 1/9/19 8 General Order 6.3.4 Appendix 3 Pht Arrays- Flder System One suspect pht, at least five filler phts, and tw blanks. Fillers shuld resemble descriptin f the perpetratr in significant features. Gather 10 flders, each large enugh t hld & fully cnceal a pht. Set aside ne flder cntaining a filler and tw flders cntaining blank phts. Place remaining phts in flders & shuffle s yu d nt knw which cntains suspect. Psitin filler flder yu set aside as first flder & blanks as last. Number the flders. Ensure that n ther persns wh knw suspect identity is present. Psitin yurself clse enugh t cmmunicate with him/her but in a place where witness can pen a flder and lk at the pht withut yur being able t see the pht. If pssible, videtape r auditape the entire identificatin prcedure. D nt tell the witness hw many phts will be shwn. Issue a cpy f instructins and read the instructins alud. Ask the witness t sign and date the instructin sheet at the bttm f the frm. Present flders ne at a time, in rder. Have witness return each flder when dne viewing. After lking at a flder & returning it, ask: Is this the persn yu saw?" If "Yes," ask, "In yur wn wrds, can yu describe hw certain yu are?" Dcument answers carefully, even if the prcedure is being recrded. Shw the flders until yu have gne thrugh all the phtgraphs. Carefully avid any feedback r cmmenting n the prcedure in any way. Only upn request, may a witness view all the flders again. D nt write n, mark r in any way alter materials t be used in ther prcedures. Preserve flders/phts and the rder in which they were presented t the witness. Dcument: -yur name -the prcedure emplyed (pht array flder system) -date, time, and lcatin f the prcedure -the ttal number f filler phts and blank phts -names f persns present during the array -if additinal viewing ccurred

Prcedures fr Multiple Suspects r Multiple Witnesses. Restrict witnesses frm cnferring with each ther befre, during, and after the pht array prcedure. Instruct each witness utside the presence f the ther witnesses. If yu need t shw the same suspect t a new witness, remix all but the lead filler and the tw blank flders and renumber them accrdingly. When shwing a different suspect t the same witness, d nt reuse the same fillers frm any previus array shwn t that witness. Avid display f the same suspect t the same witness in tw r mre separate identificatin prcedures. Revised 1/9/19 9 General Order 6.3.4

PHOTO ARRAY INSTRUCTIONS FOLDER SYSTEM APPENDIX 4 The flders in frnt f yu cntain phts. In a mment, I am ging t ask yu t lk at the phts. The persn wh cmmitted the crime may r may nt be included in the phts. Althugh I placed the phts int the flders, I have shuffled the flders s that right nw I d nt knw which flder cntains a particular pht. Even if yu identify smene during this prcedure, I will cntinue t shw yu all phts in the series. Keep in mind that things like hairstyles, beards, and mustaches can be easily changed and that cmplexin clrs may lk slightly different in phtgraphs. Yu shuld nt feel yu have t make an identificatin. It is as imprtant t exclude inncent persns as it is t identify the perpetratr. Yu will lk at the phts ne at a time and, since I have shuffled them, they are nt in any particular rder. When yu pen a flder, please pen it in a manner that des nt allw me t see the pht inside the flder. Take as much time as yu need t lk at each ne. When yu have finished lking at a pht, clse the flder and hand it t me. I will then ask yu, Is this the persn yu saw [insert descriptin f act here]?" Take yur time answering the questin. If yu answer "Yes," I will then ask yu, "In yur wn wrds, can yu describe hw certain yu are?" Because yu are invlved in an nging investigatin, in rder t prevent cmprmising the investigatin, yu shuld avid discussing this identificatin prcedure r its results. D yu understand the way the pht array prcedure will be cnducted and the ther instructins I have given yu? I have read these instructins, r they have been read t me, and I understand the instructins. I am prepared t review the phtgraphs, and I will fllw the instructins prvided n this frm. Signature Date Print Name Revised 1/9/19 10 General Order 6.3.4

Fllw-up Investigatr Checklist Eyewitness Identificatin Prcedures APPENDIX 5 Pht Arrays- Independent Administratr One suspect pht, at least five filler phts, and tw blanks. Fillers shuld resemble descriptin f the perpetratr in significant features. One filler is first, tw blank are last, and remaining phts are randm. Ensure n ne wh knws suspect identity is present. Smene wh desn t knw suspect identity cnducts the pht array. THE FOLLOWING STEPS SHOULD BE CONDUCTED BY THE ADMINISTRATOR If pssible, videtape r auditape the entire identificatin prcedure. D nt tell the witness hw many phts will be shwn. Issue a cpy f instructins and read the instructins alud. Ask the witness t sign and date the instructin sheet at the bttm f the frm. Present the first pht & have him/her hand it back when dne viewing. After the pht is handed back, ask: Is this the persn yu saw?" If "Yes," ask: "In yur wn wrds, can yu describe hw certain yu are?" Dcument answers carefully, even if the prcedure is being recrded. Shw the phts until yu have gne thrugh all the phtgraphs. Carefully avid any feedback r cmmenting n the prcedure in any way. Only upn request may a witness view all the phts again. D nt write n, mark r in any way alter materials t be used in ther prcedures. Preserve phts and the rder in which they were presented t the witness. Dcument: -the administratr s name -the prcedure emplyed (pht array - independent administratr) -date, time, and lcatin f the prcedure -the ttal number f filler phts and blank phts -names f persns present during the array -if additinal viewing ccurred Revised 1/9/19 11 General Order 6.3.4

Prcedures fr Multiple Suspects r Multiple Witnesses. Restrict witnesses frm cnferring with each ther befre, during, and after the pht array prcedure. Instruct each witness independently, utside the presence f the ther witnesses. If yu need t shw the same suspect t a new witness, have the administratr remix all but the lead filler and the tw blank phts and renumber them accrdingly. When shwing a different suspect t the same witness, d nt use the same fillers frm any previus array shwn t that witness. Avid display f the same suspect t the same witness in tw r mre separate identificatin prcedures. Revised 1/9/19 12 General Order 6.3.4

APPENDIX 6 PHOTO ARRAY INSTRUCTIONS INDEPENDENT ADMINISTRATOR In a mment, I am ging t shw yu a series f phts. The persn wh cmmitted the crime may r may nt be included. I d nt knw whether the persn being investigated is included. Even if yu identify smene during this prcedure, I will cntinue t shw yu all phts in the series. Keep in mind that things like hairstyles, beards, and mustaches can be easily changed and that cmplexin clrs may lk slightly different in phtgraphs. Yu shuld nt feel yu have t make an identificatin. It is as imprtant t exclude inncent persns as it is t identify the perpetratr. The phts will be shwn t yu ne at a time and are nt in any particular rder. Take as much time as yu need t lk at each ne. After each pht, I will ask yu "Is this the persn yu saw [insert descriptin f act here]?" Take yur time answering the questin. If yu answer "Yes," I will then ask yu, "In yur wn wrds, can yu describe hw certain yu are?" Because yu are invlved in an nging investigatin, in rder t prevent damaging the investigatin, yu shuld avid discussing this identificatin prcedure r its results. D yu understand the way the pht array prcedure will be cnducted and the ther instructins I have given yu? I have read these instructins, r they have been read t me, and I understand the instructins. I am prepared t review the phtgraphs that will be presented t me, and I will fllw the instructins prvided n this frm. Signature Date Print Name Revised 1/9/19 13 General Order 6.3.4

Pht Arrays- Flder System One suspect pht, at least five filler phts, and tw blanks. Fillers shuld resemble descriptin f the perpetratr in significant features. Gather 10 flders, each large enugh t hld & fully cnceal a pht. Set aside ne flder cntaining a filler and tw flders cntaining blank phts. Place remaining phts in flders & shuffle s yu d nt knw which cntains suspect. Psitin filler flder yu set aside as first flder & blanks as last. Number the flders. Ensure that n ther persns wh knw suspect identity is present. Psitin yurself clse enugh t cmmunicate with him/her but in a place where witness can pen a flder and lk at the pht withut yur being able t see the pht. If pssible, videtape r auditape the entire identificatin prcedure. D nt tell the witness hw many phts will be shwn. Issue a cpy f instructins and read the instructins alud. Ask the witness t sign and date the instructin sheet at the bttm f the frm. Present flders ne at a time, in rder. Have witness return each flder when dne viewing. After lking at a flder & returning it, ask: Is this the persn yu saw?" If "Yes," ask, "In yur wn wrds, can yu describe hw certain yu are?" Dcument answers carefully, even if the prcedure is being recrded. Shw the flders until yu have gne thrugh all the phtgraphs. Carefully avid any feedback r cmmenting n the prcedure in any way. Only upn request, may a witness view all the flders again. D nt write n, mark r in any way alter materials t be used in ther prcedures. Preserve flders/phts and the rder in which they were presented t the witness. Dcument: -yur name -the prcedure emplyed (pht array flder system) -date, time, and lcatin f the prcedure -the ttal number f filler phts and blank phts -names f persns present during the array -if additinal viewing ccurred Revised 1/9/19 14 General Order 6.3.4

Prcedures fr Multiple Suspects r Multiple Witnesses. Restrict witnesses frm cnferring with each ther befre, during, and after the pht array prcedure. Instruct each witness utside the presence f the ther witnesses. If yu need t shw the same suspect t a new witness, remix all but the lead filler and the tw blank flders and renumber them accrdingly. When shwing a different suspect t the same witness, d nt reuse the same fillers frm any previus array shwn t that witness. Avid display f the same suspect t the same witness in tw r mre separate identificatin prcedures. Revised 1/9/19 15 General Order 6.3.4

Appendix 7 Live Lineups Include nly ne suspect at a time in each lineup. Whenever pssible, include a minimum f fur fillers (nn-suspects) per lineup. Fillers shuld resemble descriptin f the perpetratr in significant features. Ensure witness des nt encunter suspect r fillers befre r after the prcedure. If pssible, videtape r auditape the entire lineup prcedure. T the extent pssible, ensure n ne wh knws suspect is present during prcedure (except defense cunsel, if present). D nt tell the witness hw many individuals will be shwn. Issue a cpy f instructins and read the instructins alud. Ask the witness t sign and date the instructin sheet at the bttm f the frm. Begin with all lineup participants ut f the view f the witness. Always lead lineups with a filler (nn-suspect.) Present each individual separately, in a determined rder, remving thse previusly shwn frm the field f view. After each shwn, ask: "Is this the persn yu saw?" If Yes," ask, "In yur wn wrds, can yu describe hw certain yu are?" Dcument answers carefully, even if the prcedure is being recrded. Shw the witness the next subject until all subjects have been shwn. Ensure any actins (e.g., speaking, mving, etc.) are perfrmed by all lineup members. Carefully avid any feedback r cmmenting n the prcedure in any way. Only upn request, may a witness view all members again after lineup has been cmpleted. Whether r nt the prcedure is taped, dcument the suspect & fillers by phtgraph. Dcument: -the administratr s name -the prcedure emplyed (live lineup) -date, time, and lcatin f the prcedure -the number f fillers -names f persns present during the lineup -if additinal viewing ccurred Revised 1/9/19 16 General Order 6.3.4

Prcedures fr Multiple Suspects r Multiple Witnesses. Restrict witnesses frm cnferring with each ther befre, during, and after the lineup prcedure. Instruct each witness independently, utside the presence f the ther witnesses. Place the suspect in different psitins in each lineup. Psitin all ther members f the lineup randmly. When shwing a different suspect t the same witness, d nt use the same fillers frm any previus array shwn t that witness. Avid display f the same suspect t the same witness in tw r mre separate identificatin prcedures. Revised 1/9/19 17 General Order 6.3.4

APPENDIX 8 LIVE LINEUP INSTRUCTIONS In a mment, I am ging t shw yu a series f individuals. The persn wh cmmitted the crime may r may nt be included. I d nt knw whether the persn being investigated is included. Even if yu identify smene during this prcedure, I will cntinue t shw yu all individuals in the series. Keep in mind that things like hairstyles, beards, and mustaches can be easily changed. Yu shuld nt feel yu have t make an identificatin. It is as imprtant t exclude inncent persns as it is t identify the perpetratr. The individuals will be shwn t yu ne at a time and are nt in any particular rder. Take as much time as yu need t lk at each ne. After each individual, I will ask yu "Is this the persn yu saw [insert descriptin f act]?" Take yur time answering the questin. If yu answer "Yes," I will then ask yu, "Can yu describe hw certain yu are?" Because yu are invlved in an nging investigatin, in rder t prevent cmprmising the investigatin, yu shuld avid discussing this identificatin prcedure r its results. D yu understand the way the lineup prcedure will be cnducted and the ther instructins I have given yu? I have read these instructins, r they have been read t me, and I understand the instructins. I am prepared t review the individuals wh will be presented t me, and I will fllw the instructins prvided n this frm. Signature Date Print Name Revised 1/9/19 18 General Order 6.3.4

Appendix 9 Shw-ups Befre a shw-up, cnsider that a prper pht array r lineup may be mre reliable. Cnduct a shw-up if it is clse in time t the time f the crime. Cnsider the future availability f witnesses in deciding whether t cnduct a shw-up. Videtape r auditape the shw-up prcedure whenever pssible &/r practical. Obtain a detailed descriptin f the perpetratr, & carefully dcument this descriptin. Whenever practical, transprt the witness t the lcatin f the suspect (as ppsed t transprting the suspect t the witness). D nt cnduct the shw-up at a plice statin r ther law enfrcement building. Issue a cpy f instructins and read the instructins alud. Ask the witness t sign and date the instructin sheet at the bttm f the frm. If pssible and safe, have witness view suspect while nt restrained r seated in a squad. Avid wrds r cnduct that may suggest the individual is r may be the perpetratr. After viewing the suspect, ask, "Is this the persn yu saw?" If "Yes," ask, "In yur wn wrds, can yu describe hw certain yu are?" Dcument answers carefully, even if the prcedure is being recrded. Phtgraph the suspect at the time f the shw-up. Dcument: -the administratr s name -the prcedure emplyed (shwup) -date, time, and lcatin f the prcedure -names f persns present during the shw-up Prcedures fr Multiple Witnesses and Multiple Suspects Cnduct shw-ups individually, with n mre than ne witness present at a time. If there are multiple suspects, have the witness view separate shw-ups, each cnducted in accrdance with these prcedures. D nt shw a witness tw r mre suspects at the same time. Revised 1/9/19 19 General Order 6.3.4

APPENDIX 10 SHOW-UP INSTRUCTIONS In a mment, I am ging t shw yu an individual. That persn may r may nt be the true perpetratr. I d nt knw if the persn is the true perpetratr. Yu shuld nt feel yu have t make an identificatin. It is as imprtant t exclude inncent persns as it is t identify the perpetratr. After yu have bserved the individual, I will ask yu "Is this the persn yu saw [insert descriptin f act]?" Take yur time answering the questin. If yu answer "Yes," I will then ask yu, "In yur wn wrds, can yu describe hw certain yu are?" Because yu are invlved in an nging investigatin, in rder t prevent cmprmising the investigatin, yu shuld avid discussing this identificatin prcedure r its results. D yu understand the way this prcedure will be cnducted and the ther instructins I have given yu? I have read these instructins, r they have been read t me, and I understand the instructins. I am prepared t bserve the individual wh will be presented t me, and I will fllw the instructins prvided n this frm. Signature Date Print Name Revised 1/9/19 20 General Order 6.3.4