Criminal Investigation Photo Montage and Police Lineup Part 9

Photo Montage / Lineup 1. Photo montage - form of suspect identification - 69% recognition a. Probable cause - not under arrest - not under arrest - charges not filed / no defense attorney - charges not filed / no defense attorney (1) Six photos (1) Six photos - more photos - more photos - add / more suspects - add / more suspects

Photo, cont. (2) Similar appearance (2) Similar appearance - avoid suggestion - avoid suggestion - uniformity - uniformity b. Presentation (1) Show montage (1) Show montage - “Do you recognize anyone?” - “Do you recognize anyone?” (2) Fear (2) Fear - not rush / examine carefully - not rush / examine carefully

Photo, cont. (3) No identification (3) No identification - eliminate possible suspect - eliminate possible suspect - show all witnesses - show all witnesses (4) Take statement (4) Take statement - signs montage - signs montage - mark as evidence - mark as evidence 2. Physical lineup - frequently used - 75% recognition

Lineup, cont. a. Good probable cause - under arrest - under arrest - compel to participate - compel to participate (1) Defense attorney (1) Defense attorney - present during lineup - present during lineup - cannot interfere - cannot interfere (2) Requirements (2) Requirements (a) Five (5) plus suspect (a) Five (5) plus suspect

Lineup, cont. (b) Unknown (b) Unknown - draw from any source - draw from any source - jail / police / etc. - jail / police / etc. - sign waiver - sign waiver (c) Similar appearance (c) Similar appearance - actions / speech / dress / etc. - actions / speech / dress / etc. - lack of cooperation - lack of cooperation - chooses placement - chooses placement (3) Lineup room (3) Lineup room

Lineup, cont. (a) Numbered spaces (a) Numbered spaces - predetermined number - predetermined number (b) Measuring device (b) Measuring device - height chart - height chart (c) Insure privacy (c) Insure privacy - cannot be seen - cannot be seen 3. Primary investigator - orders participants

Lineup, cont. a. Straight on / right-left profile - all do same - all do same b. Photograph all - video preferred - video preferred - documentation - documentation c. Recite phrase - robbery / kidnap / extortion / rape - robbery / kidnap / extortion / rape d. Witness statement afterward

Lineup, cont. - can witness identify - can witness identify - statement taken - statement taken (1) Physical appearance altered (1) Physical appearance altered - photo montage - photo montage (2) Photograph altered appearance (2) Photograph altered appearance - show later in court - show later in court 4. Single suspect confrontation - very effective ID tool

Single Suspect, cont. -guidelines must be followed - 95% recognition a. Good probable cause - usually detained - usually detained - may be under arrest - may be under arrest - requirements: - requirements: (1) Located proximate to crime (1) Located proximate to crime - must be reasonable - must be reasonable - could have been at crime scene - could have been at crime scene

Suspect, cont. (2) Time factor (2) Time factor - time span increases - time span increases - ID holding up lessens - ID holding up lessens (3) Similar description (3) Similar description - clothing / features similar - clothing / features similar - given by victim / witness - given by victim / witness - clothing may vary - clothing may vary (4) Victim to suspect location (4) Victim to suspect location - preferred method - preferred method

Suspect, cont. - drive by suspect location - drive by suspect location (5) Suspect to victim location (5) Suspect to victim location - caution used - caution used - have consent - have consent - victim / witness concealed - victim / witness concealed b. Suggestive identification procedure b. Suggestive identification procedure - must avoid - must avoid (1) Avoid term “suspect”

Suspect, cont. - do you recognize / can you identify - do you recognize / can you identify (2) Position of suspect (2) Position of suspect - not observe handcuffs - not observe handcuffs - prejudicial - prejudicial (3) Witness to view (3) Witness to view - safety of vehicle /discreet location - safety of vehicle /discreet location - avoid intimidation - avoid intimidation (4) Not in police facility (4) Not in police facility