G.O. 6.09 - Eyewitness Identifications

PURPOSE

• Establish consistent, legally sound, and scientifically informed guidelines for collecting eyewitness identifications.
• Goals:
  • Maximize reliability of identifications.
  • Minimize unjust accusations and wrongful convictions.
  • Maintain compliance with constitutional, case-law, and CT POSTC standards.
• Broader significance: contributes to due-process, community trust, and reduces exposure to civil liability.

POLICY STATEMENT

• All Norwich Police Department (NPD) personnel must follow the directive.
• Violations:
  • Internal discipline for policy breaches.
  • Possible civil/criminal sanctions if law is violated.
• Emphasises conformity with established legal procedures and evidence rules.

KEY DEFINITIONS

• Eyewitness – Person who observed a suspect at/near the offense scene.
• Photo lineup – Array of photos (suspect + fillers) presented for ID.
• Live lineup – Group of live persons (suspect + fillers) presented for ID.
• Show-up (Field/One-on-One ID) – Single suspect (and possibly others, one-at-a-time) shown shortly after a crime, usually near crime scene.
• Field view – Eyewitness views a public crowd where suspect may be present; may occur well after offense.
• Identification procedure – Either photo or live lineup.
• Filler – Non-suspect person or photograph.
• Sequential lineup – Photographs/persons shown one-at-a-time (not simultaneously).
• Double-blind procedure – Administrator does not know suspect’s position.
• Blind administration – Administrator unaware of which photo witness is viewing at the moment.
• Folder shuffle – Practical substitute for double-blind; photos placed in identical folders, shuffled, then viewed sequentially.
• Lap – One complete cycle through all photos/persons.
• Confidence statement – Eyewitness’ contemporaneous, verbatim statement of certainty, immediately after selection.

GENERAL PRE-LINEUP INSTRUCTIONS TO EYEWITNESS

(Delivered via NPD Witness Instruction Form – see Appendix A)

• View photos/persons sequentially.
• Task is to identify the perpetrator or exclude innocent persons.
• Appearance changes (hair, facial hair, etc.) possible since crime date.
• Perpetrator may or may not be present.
• No obligation to choose; take unlimited time.
• Investigation continues regardless of outcome.
• After procedure, witness must state certainty level.
• Must complete viewing of all photos/persons even after a selection.
• Do not discuss results with other witnesses.
• Administrator is blind or double-blind.
• If a selection made ➔ written statement required.

BEHAVIORAL RULES FOR ADMINISTRATORS/ASSISTANTS

• Provide no cues about suspect’s position or identity.
• Avoid verbal/non-verbal influence, reinforcement, or feedback.
• Withhold background information about identified individual.

PHOTO LINEUPS

Core Construction Requirements

• Use double-blind; if impracticable, use blind folder shuffle/computer.
• Array must have $5$ or more fillers plus the suspect (minimum total $6$).
• Consistent coloration: all-color or all-B&W.
• No duplicate photos of the same suspect.
• Never show a lone suspect photo.
• Only one suspected perpetrator per lineup.
• Suspect placed in different sequence positions for different witnesses.
• Fillers must:
  • Fit witness’ description (race, sex, facial features, height, weight, build, clothing).
  • Resemble suspect’s appearance at offense time.
  • Not make suspect stand out.
• Remove visible arrest information, markings, or notation.
• Retain all photos for discovery/court.
• If witness previously viewed another lineup, use different fillers and ensure suspect doesn’t stand out.
• Second lap only on witness request; must be entire set and same order; max $2$ laps.

Sequential Presentation & Documentation

• Administrator records the numeric order shown.
• Each witness views alone.
• Administrator initial backs of each photo after lineup; originals secured as evidence; copy to case file.

Double-Blind Protocol (Ideal)

1. Administrator unaware of suspect.
2. Reads witness instructions aloud; witness signs/date.
3. Presents photos sequentially, numbering order.
4. No suggestive comments; no validation.
5. After identification, obtains confidence statement in witness’ own words.
6. Shows remainder of photos even after ID.
7. Generates detailed report, preserves lineup.

Blind Folder Shuffle (When Double-Blind Not Feasible)

• Each photo in separate unmarked folder; shuffle; number sequence.
• Administrator cannot see which photo is viewed at any moment.
• Witness removes one photo at a time, replaces it before next.
• If administrator physically can’t be blind, they position behind witness to avoid cues.
• Continue viewing entire series even after selection.

LIVE LINEUPS

Pre-Conditions & Legal Rights

• Suspect must be informed:
  • Right to counsel at lineup.
  • Right to appointed counsel if indigent.
• Written waiver needed if suspect declines attorney.
• Probable cause required to compel participation; otherwise consult State’s Attorney.

Construction Rules

• Minimum $4$ fillers plus suspect (total $5$).
• Similarities across lineup: height, build, skin/hair color, clothing.
• Identical clothing if specific garment is at issue.
• If suspect is asked to speak/gesture, all lineup members must replicate.
• Participants hold number cards; referred to only by number.
• All participants out of witness’ view at start.
• Only one suspected perpetrator per lineup.

Administration

• Separate witnesses; no discussion until all complete.
• Administrator reads instruction form verbatim; witness & admin sign/date.
• Obtain certainty statement on any ID.
• Entire session photographed; officer info logged.

ATTORNEY’S ROLE

• Observe; ensure fairness; provide courtroom testimony if procedure flawed.
• Initial copies of all lineup photos.
• May advise client but cannot interfere with procedure (speaking, gestures, etc.).
• Cannot direct client to refuse physical demonstrations.
• Officer-in-charge supplies attorney with written outline of permissible role.

OFFICER-IN-CHARGE DUTIES

• Inform accused of right to counsel.
• Determine if counsel retained; notify attorney of lineup details.
• Provide attorney with role-outline document.

REFUSAL TO STAND IN LINEUP

• Determine if suitable photo exists for photo-ID.
• Photo lineup may substitute to preserve evidence value.
• Contact Patrol Unit Lieutenant for on-duty Assistant State’s Attorney; follow prosecutor guidance.

SHOW-UPS (ONE-ON-ONE IDENTIFICATIONS)

• Preferred: Keep suspect at stop location; transport witness, not detainee, unless probable cause to arrest exists.
• Only used when formal lineup impractical (time-critical, safety, witness request).
• Acceptable justification: Suspect voluntarily wants immediate confrontation to clear name.
• Conduct soon after crime; minimize suggestiveness:
  • Conceal handcuffs.
  • Avoid police car, cell, jail clothing unless unavoidable.
• Legal basis: reasonable suspicion allows detention for show-up.
• One witness at a time; witnesses isolated from each other.
• No officer feedback or implication of guilt.
• Obtain certainty statement if ID made.

FIELD VIEWS

• Used when suspect may blend into public environment.
• Eyewitness escorted to public location; officers do not cue or direct attention.
• Non-suggestiveness imperative; essentially a less-controlled but possibly necessary investigative tool.

DOCUMENTATION & RECORD KEEPING

Identification Procedure Record & Form (Appendix B)

• Must capture:
  • ID & non-ID results signed by witness + verbatim certainty statement.
  • Names/addresses of everyone present.
  • Date/time of procedure.
  • For photo lineups: copies of every photo, ID info on each person, photo source.
  • For live lineups: ID info on each participant.
  • Whether sequential, double-blind, blind, or shuffle; laps requested.
  • Crime classification, photo count, filler IDs, victim status, etc.
• All live lineups photographed; officer details recorded.
• Department keeps separate annual file of completed ID forms for outside analysis/reporting.

WITNESS INSTRUCTION FORM – CONTENT SUMMARY

• 14 enumerated instructions, mirroring the general pre-lineup directions.
• Witness acknowledges via signature, date, time.
• Administrator signs and lists all persons present.

ETHICAL, LEGAL & PRACTICAL IMPLICATIONS

• Scientific research links traditional lineups to misidentification – double-blind & sequential mitigate expectancy & feedback effects.
• Folder shuffle offers cost-effective compliance for small agencies.
• Confidence statements contemporaneous ➔ courts can assess reliability under $Neil\;v.\;Biggers$ and $Manson\;v.\;Brathwaite$ factors.
• Thorough documentation protects both innocent suspects and officers from claims of suggestiveness.
• Attorney presence upholds Sixth Amendment post-indictment right, limiting later suppression motions.
• Second-lap limit reduces commitment & confirmation bias.
• Maintaining photo evidence aligns with Brady/Giglio disclosure obligations.

CONNECTIONS TO WIDER CRIMINAL-JUSTICE PRINCIPLES

• Reflects Innocence Project & DOJ best practices on eyewitness evidence.
• Supports accreditation standards (POSTC Section 6 – Investigative Functions).
• Reinforces community policing philosophy: procedural justice increases legitimacy.
• Integrates with broader evidence-collection chain (e.g., preserving digital media, documenting chain-of-custody).

NUMERICAL & PROCEDURAL QUICK-REFERENCE

• Minimum fillers: $\ge 5$ (photo) or $\ge 4$ (live).
• Maximum laps: $2$ (only on witness request).
• Total persons in live lineup: $\ge 5$ (suspect + fillers).
• Show-up timing: immediately or soon after crime when exigent.

PRACTICAL EXAMPLES & SCENARIOS

• Example: Robbery occurs, officer detains matching-description subject within $10$ minutes. Transporting victim to scene for show-up acceptable if handcuffs concealed.
• Hypothetical: If only $3$ officers on duty and all know the suspect’s photo, use folder shuffle rather than true double-blind to avoid cueing.
• Metaphor: Double-blind lineup is to eyewitness ID what a placebo-controlled study is to medicine—removes administrator “placebo effect.”

SUMMARY CHECKLIST FOR INVESTIGATORS

• [ ] Select fillers meeting description.
• [ ] Ensure double-blind or folder shuffle.
• [ ] Read & sign witness instruction form.
• [ ] Present sequentially, document order.
• [ ] Obtain certainty statement immediately.
• [ ] Offer but do not suggest second lap.
• [ ] Preserve all photos & forms as evidence.
• [ ] Photograph live lineup.
• [ ] Provide attorney with role outline.
• [ ] Enter data into annual ID-form repository.