Chapter 18 - Eyewitness Identification
18.01 Field Identifications
Definition: A field identification (also known as confrontation, show up, or one-on-one) is a procedure where the suspect is presented singly to the witness.
Circumstances:
If a suspect is arrested near the crime scene and within about an hour of the offense:
The suspect may be held at the location for identification by the witness.
The suspect may be taken to the witness for identification.
Witness Consideration:
Officers must evaluate the mental and emotional state of the witness. If a witness is hysterical or disoriented, a lineup should be used after a delay rather than a field identification.
Timing:
The field identification must occur as soon as practical post-arrest. If the suspect is not identified, they should be released unless probable cause remains.
Right to Counsel:
The suspect does not have a right to counsel during a field identification.
Consent for Identification:
If there is probable cause but the suspect consents, the officer may conduct a show up without an arrest.
Reasonable Suspicion:
Even without probable cause, an officer can detain a suspect seen within an hour of the crime for field identification if they have reasonable suspicion.
Medical Emergencies:
Field identifications may be arranged in medical emergencies with approval from medical authorities, excusing the absence of counsel.
Witness Viewing:
Limit the number of witnesses viewing the suspect, preferably to one or two, with others used for lineup to verify identifications.
Location:
Field identifications must occur away from the crime scene to avoid contamination.
Documentation:
Officers must keep a written record of the identification circumstances, including:
Description of the location and lighting conditions.
Distance between suspect and witness.
Identity of each witnessing person.
Names of all present during identification.
Remarks made by witnesses, officers, and the suspect.
18.02 Informal Identifications
Definition: Informal identification involves taking a witness to observe a suspect who is at liberty and usually unaware of being watched.
Usage: This method is applicable when there is no probable cause to arrest the suspect.
Documentation Requirements:
A detailed record should include:
Date and time of observation.
Exact location of observation.
Approximate number of persons viewed fitting the suspect description.
Suspect's reaction if they become aware of the observation.
Witness's reaction upon seeing the suspect.
18.03 Lineups and Photo Displays
Lineups and photo identification displays should follow written guidelines established by the Criminal Investigations Division.
18.04 General Rules
Fair Conduct: Officers are required to conduct eyewitness identification procedures fairly, avoiding any suggestiveness or influence.
Pre-identification Advisory:
Officers should inform witnesses:
They are not obligated to identify the person as a suspect.
The person in custody may not necessarily be guilty.
When Identification is Unnecessary:
Eyewitness identification may not be needed when:
Witness did not observe the offender.
Witness already knew the suspect’s identity prior to the offense.
Suspect was arrested during the commission of the crime.
Separation of Witnesses:
When multiple witnesses are present, each must make their identification individually. Officers should instruct them not to communicate about the identification until all have completed the process.