NCJ Number
66689
Journal
Law Enforcement Quarterly Volume: 8 Issue: 2-4 Dated: (1979) Pages: 16-19
Date Published
1979
Length
4 pages
Annotation
THE ORGANISZATION AND IMPLEMENTATION OF LIVE LINEUPS PHOTOGRAPHIC LINEUPS AND CURBSTONE LINEUPS ARE DISCUSSED IN AN ADAPTATION FROM A SAN DIEGO POLICE MANUAL.
Abstract
EACH OF THE THREE IDENTIFICATION PROCEDURES DOES NOT CONSTITUTE A VIOLATION OF THE SUSPECT'S RIGHT AGAINST SELF-INCRIMINATION. LIVE LINEUPS CONSIST OF ONE SUSPECT AND FIVE FILL-INS WHO RESEMBLE THE SUSPECT AS CLOSELY AS POSSIBLE. LINEUP PARTICIPANTS SHOULD ALWAYS BE PREVIEWED AND INSTRUCTED AS TO THEIR NUMERICAL POSITION IN LINE, TURNING MOVEMENTS, AND POSSIBLE VERBAL STATEMENTS. THE WITNESSES SHOULD BE ASSIGNED SEATS, ADMONISHED NOT TO COMMUNICATE WITH EACH OTHER, AND TAUGHT THE LINEUP ARRANGEMENT. IF THE DEFENDANT HAS BEEN IN CUSTODY FOR MORE THAN 48 HOURS, A COUNSEL SHOULD BE OBTAINED ON THE DISTRICT ATTORNEY CONSULTED. A PHOTOGRAPHIC LINEUP CONSISTS OF AT LEAST ONE SUSPECT PHOTOGRAPH AND AT LEAST FOUR FILL-INS RESEMBLING THE SUSPECT. WHEN PRESENTING THE LINEUP TO VICTIM OR WITNESS, THE PERSON IN CHARGE SHOULD ENSURE THAT PHOTOS ARE IN NUMERICAL SEQUENCE AND SHOULD ADVISE THE VIEWER THAT THE PERSON INVOLVED IN THE CRIME IS NOT NECESSARILY PART OF THE LINEUP. IF IDENTIFICATION OCCURS, THE VIEWER SHOULD SIGN AND DATE THE BACK OF THE PHOTOGRAPH. AN OFFICER SHOULD MAKE SPECIAL EFFORTS TO PUT THE VICTIM AT EASE TO OBTAIN OPTIMUM COOPERATION. A CURBSTONE LINEUP IS AN IMMEDIATE AND SINGLE CONFRONTATION BETWEEN VICTIM OR WITNESS AND THE SUSPECT. IT CAN BE USED IN FELONY CASES WITHIN 1 HOUR OF THE OFFENSE WHEN PROBABLE CAUSE FOR ARREST IS PRESENT OR WITHIN 20 MINUTES IN CASE OF REASONABLE SUSPICION. IN EACH TYPE OF LINEUP THE DETECTIVE PRESENTING THE SUSPECTS SHOULD OBSERVE THE STRICTEST IMPARTIALITY. (SAJ)