CHAPTER 13 METHODS OF IDENTIFICATION

INFIELD SHOWUPS An In-Field show-up is a one on one viewing of a suspect by a victim/witness in the field, shortly after the commission of a crime, for Identification purposes. An In-Field show-up is a common method of identification where a suspect is contacted, detained or arrested close in time and proximity with a reported crime. A victim/witness is generally brought to the scene of the stop to ascertain whether or not the detainee is the perpetrator of the crime.

PURPOSES FOR AN IN-FIELD SHOW-UP 1.Reliable means of identification shortly after commission of a crime. 2.Reliable means to quickly exonerate innocent persons. An in-field show-up must take place close in time and proximity to a crime. A good general rule is that an in-field show-up usually takes place within 1 to 2 hours after the crime report.

Case law authority extending time for in-field show-ups deals with serious felonies and still within the same investigative day. A positive facial identification is not absolutely necessary to form reasonable cause to arrest.

AVOIDING THE ELEMENT OF SUGGESTIVENESS: Courts and case law recognize that a one-to-one suspect identification, especially when one is detained in police presence, can carry and element of suggestiveness. It will be the prosecutions burden of proof to show that the show-up transaction was not so suggestive as to give rise to a substantial likelihood of irreparable misidentification.

CONTROL OF THE IDENTIFICATION TRANSACTION: If multiple victims/witnesses are involved, separate all parties prior to obtaining descriptions and statements. Be careful of what is said to the victim/witness prior to or during the identification transaction so as to make sure no suggestive or leading remarks are made. Do not display fruits of the crime or instrumentality used in the crime prior to or during the identification transaction.

If an identification is made, do not confirm the results of the I.D. either verbally or through facial expression or body language. In the event a suspect’s appearance changes or a victim’s memory fades prior to a court hearing, an in-court identification could be rehabilitated through authentication of the photo taken at the time of the arrest/booking. Retain characteristic clothing/trappings as identification evidence for late In-Court identification.

In the case of show-ups/line-ups, an Admonition instructs a victim/witness before identification on procedures to be followed to assist in upholding an officer’s burden of proof to avoid the element of suggestiveness. If a suspect is merely being detained, Miranda provisions don’t apply because there is no custody. In a detention situation, a suspect has the self incrimination right not to answer any questions but this must be self-invoked.

Identification evidence is an exception to the self incrimination privilege because it is demonstrative, not testimonial, in nature. Refusal to participate in an in-field show-up transaction or speak for a voice identification is a consciousness of guilt factor. There is no right to have counsel at an in-field show-up. If a suspect is being detained, the general rule is that an officer must transport a victim/witness back to the scene of the detention for identification.

EXCEPTIONS: 1.Suspect consents to movement. 2.Victim/witness too injured to be transported. 3.Officer’s safety. Facts that should be included in the report: 1.Time of day observation occurred. 2.Accuracy/certainty of identification. 3.Distance of view, angle of view. 4.Opportunity/length of time observed. 5.Competency/credibility of victim/witness.

PHOTOGRAPHIC LINE-UP: A photographic line-up is an array of similar photographs including the suspect shown to a victim/witness for identification purposes. The general industry standard is to include six photos in each photo line-up, including the suspect. There should be a separate photographic line-up for each suspect under investigation. The key in composing a photographic line-up is that all photographs used should be similar in appearance to the suspect photo.

A photographic identification is invalid only if the identification is so impermissibly suggestive to give rise to a substantial likelihood of irreparable identification later in court. The admonition given in a photo line-up is similar to that given in an in-field show-up. The presence of counsel is not required at a photographic line-up.

PHYSICAL LINE-UP A physical line-up involves the staged personal viewing of persons including a suspect by a victim/witness for identification purposes. A live line-up transaction is where the suspect and others participating may be asked to pose, walk, talk, turn, make a gesture, put on clothing or perform demonstrative acts relevant to the identification transaction. As with photographic line-ups, there usually will be six persons in a physical line-up.

A key difference between physical line-ups and in- field show-ups or photographic lineups is that the suspect has the right to be represented by counsel during the physical line-up/live identification transaction. Denying the right to counsel at a post-charge line- up violates the 6 th Amendment. The role of defense counsel at a physical line-up is that of “informed” but uninvolved observer only. As a general rule, a district attorney is also present during a physical line-up, so in the unlikely event defense counsel becomes a “pain in the neck,” he/she can be admonished by a legal adversary.

All physical line-up participants should be of similar appearance and stature. An admonition is given to each victim/witness prior to viewing a physical line-up to prevent suggestiveness and mutually adopted identification. A mug book is literally a photo album of recidivist offenders used as an investigative lead to identify a criminal suspect. School yearbooks are “ready-made” photo albums of most juveniles in a jurisdiction and can be of assistance in identifying suspects in youth-related crimes.