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HomeMy WebLinkAboutEyewitness_Identification_3San 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: “What do we have, officer?” Sergeant Huntley Banks asks, looping his thumbs into his waistband and directing his attention to the officer in charge of the scene. “Smash and grab,” Officer Steve Nobling says. He turns to look at the jewelry kiosk with its shattered glass on one side and intact panes on the other. “The kiosk owner, Muriel Delgado, was assisting a customer on the far side of the display case. She heard glass breaking and felt several stings on the back of her neck – like something jumped up and bit her.” “I’m guessing it was small shards of glass that bit her,” Sergeant Banks says, thinking out loud and not really speaking to anyone in particular. “Yes, sir,” Officer Nobling continues. “Our victim, Muriel Delgado, speaks limited English, and my Spanish skills aren’t great, but I understood enough to learn that she spun around and saw two young males shoving stuff from the kiosk into a pillowcase. Ms. Delgado threw a few profanities their way, and they took off. But not before cleaning out half of her sterling silver collection.” Officer Nobling pauses to allow Sergeant Banks an opportunity to ask questions. When he doesn’t, Officer Nobling continues, “Neither suspect wore a mask, and Ms. Delgado got a pretty good look at them. Some other officers are searching the area.” Twenty minutes later, Officer Nobling is contacted on his portable radio by Officer Brent Evered. Officer Evered advises that he found a male matching one of the suspects’ descriptions about six blocks from the store. "He consented to a search and doesn’t have any of the stolen stuff, but he’s got to be our guy. He looks just like what our victim described!” Officer Evered says. “Should we prepare for a show-up identification by Ms. Delgado?” ISSUE: What should Officer Nobling do before proceeding with the eyewitness identification? REFER: 610.3 INTERPRETIVE SERVICES Members should make a reasonable effort to arrange for an interpreter before proceeding with eyewitness identification if communication with a witness is impeded due to language or hearing barriers. Before the interpreter is permitted to discuss any matter with the witness, the investigating member should explain the identification process to the interpreter. Once it is determined that the interpreter 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 comprehends the process and can explain it to the witness, the eyewitness identification may proceed as provided for within this policy. ANALYSIS: A language barrier exists between Ms. Delgado, who has limited English proficiency, and Officer Nobling, who has minimal Spanish language skills. Although Officer Nobling obtained a description of the smash-and-grab suspects from Ms. Delgado despite the language barrier, more accurate communications may be required to explain the eyewitness identification process to her. CONCLUSION: Officer Nobling should attempt to obtain a Spanish-language interpreter prior to proceeding with the eyewitness identification. QUESTION: When an officer uses an interpreter to facilitate communication between the officer and a victim/ witness, the officer should: ANSWERS: (a)Explain the process to the interpreter before allowing the interpreter to engage with the victim/witness (b)Determine that the interpreter understands the process and can explain it to the victim/witness before proceeding with the eyewitness identification (c)Both of the above (d)None of the above CORRECT ANSWER: Both of the above