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HomeMy WebLinkAboutEyewitness_Identification_4San Luis Obispo Police Department Daily Training Bulletin DTB Date: Eyewitness Identification ***DRAFT*** 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'm impressed. How did you find him that quick?" Officer Miranda Hopper asks Officer Tony Wheeler. "C'mon! Do you really need to ask that? I may be old, but I still got it," Officer Wheeler says with a smirk. "Guess we need to call the victim so we can do a field elimination show-up." "Yeah, you still got it," Officer Hopper says. "Hope my keen observation skills stay as impressive as yours when I'm your age. I have one thought though. I don't think we should do a field elimination show-up. We saw the suspect on video throwing the brick and it's clear this is the guy - same height, build, and hair length and color. And look at the logo on his shirt. Same one we saw on video. Not to mention the stolen items we found in his pockets when we arrested him." ISSUE: Under the circumstances, should the officers conduct a field elimination show-up? 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. 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. San Luis Obispo Police Department Daily Training Bulletin DTB Date: Eyewitness Identification ***DRAFT*** 2 Copyright Lexipol, LLC 2020/09/22, All Rights Reserved. Published with permission by San Luis Obispo Police Department (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: Officers Wheeler and Hooper viewed a video showing a suspect committing a crime. The suspect the officers have in custody has the same physical characteristics and clothing as the one the officers saw on video plus he possessed some of the stolen property when they arrested him. These facts give the officers probable cause to arrest the suspect they have in custody. A field elimination show-up is one of many investigative tools we have at our disposal to help determine if a suspect is involved in a crime. However, when there is independent probable cause to arrest the suspect, other methods of suspect identification are preferred. CONCLUSION: The officers should not conduct a field elimination show-up. QUESTION: Field elimination show-ups should not be conducted when independent probable cause exists to arrest a suspect. ANSWERS: (a)True (b)False CORRECT ANSWER: True