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HomeMy WebLinkAboutEyewitness_Identification (2)San Luis Obispo Police Department Daily Training Bulletin DTB Date: Eyewitness Identification 1 Copyright Lexipol, LLC 2020/09/22, All Rights Reserved. Published with permission by San Luis Obispo Police Department Eyewitness Identification Topic: Investigations and Enforcement DTB Date: SCENARIO: “I don’t know what he used to smash the window, but the glass just crumbled to the sidewalk. The guy grabbed some leather goods out of the window display and took off toward the river park,” Romona Doubek tells Officer Tomas Jelen. “Can you describe him?” Officer Jelen asks. “Yes, I got a good look at his face in the light from the streetlight when he ran off. He was wearing a black hooded sweatshirt and black athletic-style pants. And he was carrying a blue backpack,” she says. Officer Jelen broadcasts the suspect description on the police radio. Within a minute, you spot an individual matching the description Officer Jelen provided. “I have a possible suspect: black pants, blue backpack, but no sweatshirt,” you radio to Officer Jelen, while exiting your patrol vehicle to detain the individual. Officer Jelen responds, “My witness is still here. Could you transport the suspect here for a field show-up? I don't want to inconvenience my eyewitness by having her come to you.” ISSUE: Should you transport the suspect to Ms. Doubek's location? REFER: 610.8 FIELD IDENTIFICATION CONSIDERATIONS Field identifications, also known as field elimination show-ups or one-on-one identifications, may be helpful in certain cases, where exigent circumstances make it impracticable to conduct a photo or live lineup identifications. A field elimination show-up or one-on-one identification should not be used when independent probable cause exists to arrest a suspect. In such cases a live or photo lineup is the preferred course of action if eyewitness identification is contemplated. When initiating a field identification, the member should observe the following guidelines: (a)Obtain a complete description of the suspect from the witness. (b)Assess whether a witness should be included in a field identification process by considering: 1.The length of time the witness observed the suspect. 2.The distance between the witness and the suspect. 3.Whether the witness could view the suspect’s face. 4.The quality of the lighting when the suspect was observed by the witness. San Luis Obispo Police Department Daily Training Bulletin DTB Date: Eyewitness Identification 2 Copyright Lexipol, LLC 2020/09/22, All Rights Reserved. Published with permission by San Luis Obispo Police Department 5.Whether there were distracting noises or activity during the observation. 6.Any other circumstances affecting the witness’s opportunity to observe the suspect. 7.The length of time that has elapsed since the witness observed the suspect. (c)If safe and practicable, the person who is the subject of the show-up should not be handcuffed or in a patrol vehicle. (d)When feasible, members should bring the witness to the location of the subject of the show- up, rather than bring the subject of the show-up to the witness. (e)The person who is the subject of the show-up should not be shown to the same witness more than once. (f)In cases involving multiple suspects, witnesses should only be permitted to view the subjects of the show-up one at a time. (g)The person who is the subject of the show-up should not be required to put on clothing worn by the suspect, to speak words uttered by the suspect or to perform other actions mimicking those of the suspect. (h)If a witness positively identifies a subject of the show-up as the suspect, members should not conduct any further field identifications with other witnesses for that suspect. In such instances members should document the contact information for any additional witnesses for follow up, if necessary. ANALYSIS: A field identification or field elimination show-up is helpful under certain circumstances, as long as officers avoid anything that could be suggestive of guilt. Shortly after the crime was committed, you found and detained a person nearby who meets most, but not all, of the characteristics provided by the witness. It is appropriate in this situation to conduct a field identification; however, there are no facts to indicate that the witness cannot be transported to the suspect's location to facilitate the field elimination show-up or field identification. Transporting a suspect in a patrol vehicle to a witness' location, could influence the identification. CONCLUSION: You should not transport the suspect to Ms. Doubek. Instead, Ms. Doubek should be transported to your location. QUESTION: Which of the following is the most appropriate procedure for a field elimination show-up or field identification? ANSWERS: (a)Transporting the detained suspect to the witness for identification (b)Transporting the witness to the detained suspect for identification San Luis Obispo Police Department Daily Training Bulletin DTB Date: Eyewitness Identification 3 Copyright Lexipol, LLC 2020/09/22, All Rights Reserved. Published with permission by San Luis Obispo Police Department (c)Either of the above are appropriate procedures (d)None of the above CORRECT ANSWER: Transporting the witness to the detained suspect for identification