1. XXX POLICE DEPARTMENT EYEWITNESS EVIDENCE
A Guide for Field Officers
And Investigators

2. EYEWITNESS EVIDENCE
“Eyewitnesses frequently play a vital role in uncovering the truth about a crime. The evidence they provide can be critical in identifying, charging, and ultimately convicting suspected criminals.
That is why it is absolutely essential that eyewitness evidence be accurate and reliable.
One way of ensuring we, as investigators, obtain the most accurate and reliable evidence from eyewitnesses is to follow sound protocols in our investigations.”

3. Use of the National Institute of Justice Eyewitness Evidence Guide
It represents a combination of the best current research, workable police practices and psychological research.
It identifies procedures and practices that will produce more reliable and accurate eyewitness evidence in a greater number of cases while reducing or eliminating practices that can undermine eyewitness reliability and accuracy.

4. Use of the National Institute of Justice Eyewitness Evidence Guide
It describes practices and procedures that, if consistently applied, will tend to increase the accuracy and reliability of eyewitness evidence.
Adherence to these procedures can decrease the number of wrongful identifications.

5. True or False
Following the proper procedures will tend to increase the accuracy and reliability of eyewitness evidence.
True
False

6. Incorrect
Please try again

7. Correct
The Eyewitness Evidence Guide for law Enforcement describes practices and procedures that, if consistently applied, will tend to increase the accuracy and reliability of eyewitness evidence.

8. Use of the National Institute of Justice Eyewitness Evidence Guide
While the Guide outlines basic procedures that can be used to obtain the most reliable and accurate information from eyewitnesses, it is not meant as a substitute for a thorough investigation by law enforcement personnel.

9. Department Policy
Department Policy is derived from both the NIJ Eyewitness Evidence Guide and the requirements of Texas State Law, and Texas Law Enforcement Best Business Practices.
Department Policy shall guide officers in the development and use of Eyewitness Evidence.

10. Definitions Sequential Photographic Line-up:
Presentation of photographs one at a time in random order before an eyewitness for the purpose of identifying and eliminating suspects.

11. Definitions
Independent Administrator: A person who is not aware which member of the line-up is the suspect, eliminating the possibility of influencing the witness’ selection.
Blind Testing Procedure: A photographic line-up procedure wherein the person administering the test, acting as an Independent Administrator, does not know the identity of the suspect.

12. Definitions
Fillers: Photos of persons who are not the suspect that are used in the photo line-up.
Confidence Statement: A declaration provided by an eyewitness immediately upon identification of a suspect in a photo line-up, before any feedback is provided, in which the witness articulates in his or her own words the level of confidence in identifying the suspect.

13. Definitions
Limited English Proficiency: The inability to clearly understand the instructions of officers
Field Identification: The presentation of a suspect to an eyewitness in a short time frame following the commission of a crime.

14. INVESTIGATING THE SCENE (Preliminary Investigating Officer)
After securing the scene and attending to any victims and injured persons, the preliminary investigating officer should:
Identify the perpetrators
Determine the location of the perpetrator(s)
Detain or arrest the perpetrator(s) if still present at the scene
Determine/classify what crime or incident occurred

15. INVESTIGATING THE SCENE (Preliminary Investigating Officer)
Broadcast an updated description of the incident, perpetrator(s), and/or vehicles.
Verify the identity of the witness(es)
Separate witnesses and instruct them to avoid discussing details of the incident with other witnesses.
Canvass the area for other witnesses.

16. OBTAINING INFORMATION FROM THE WITNESS(ES)
Establish rapport with the witness.
Inquire about the witness’ condition.
Use open-ended questions (e.g., “What can you tell me about the car?”); augment with closed-ended questions (e.g., “What color was the car?”); Avoid leading questions (e.g., “Was the car red?”).

17. Which type of questions are acceptable?
Open-ended questions (e.g., “What can you tell me about the car?”)
Leading questions (e.g., “Was the car red?”).

18. Incorrect
Please try again

19. Correct
Use open-ended questions (e.g., “What can you tell me about the car?”); augment with closed-ended questions (e.g., “What color was the car?”);

20. OBTAINING INFORMATION FROM THE WITNESS(ES)
Clarify the information received with the witness.
Document information obtained from the witnesses, including the witness’ identity, and contact information in a written report.
Encourage the witness to contact investigators with any further information.

21. OBTAINING INFORMATION FROM THE WITNESS(ES)
Encourage the witness to avoid contact with the media or exposure to media accounts concerning the incident.
Instruct the witness to avoid discussing details of the incident with other potential witnesses.

22. Composing Photo Lineups
Include only one suspect in each identification procedure.
Select fillers who generally fit the witness’ description of the perpetrator. Fillers should resemble the suspect in significant features.
If multiple photos of the suspect are available, select a photo that resembles the suspect description or appearance at the time of the incident.

23. Composing Photo Lineups
Include a minimum of 5 fillers (nonsuspects) per identification procedure.
Avoid using fillers who so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers.
Create a consistent appearance between the suspect and fillers with respect to any unique or unusual feature (e.g., scars, tattoos)

24. Composing Photo Lineups
Consider placing suspects in different positions in each lineup, both across cases and with multiple witnesses in the same case.
When showing a new suspect, avoid reusing fillers in lineups shown to the same witness.
Ensure that no writings or information concerning previous arrest(s) will be visible to the witness.

25. Composing Lineups: Photo Lineups
View the spread, once completed, to ensure that the suspect does not unduly stand out.
Preserve the presentation order of the photo lineup. In addition, the photos themselves should be preserved in their original condition.

26. How many photos should appear in a photo lineup?2 4 6 8

27. Incorrect
Please try again

28. Correct
Include a minimum of 5 fillers (nonsuspects) per identification procedure, plus one suspect per identification.

29. Composing Live Lineups
Include only one suspect in each live identification procedure.
Select fillers who generally fit the witness’ description of the suspect.
Consider placing suspects in different positions in each lineup, both across cases and with multiple witnesses in the same case.

30. Composing Lineups: Live Lineups
Include a minimum of five fillers (non-suspects) in different lineups shown to the same witness.
Avoid using fillers who so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers.
Create a consistent appearance between the suspect and fillers with respect to any unique or unusual feature (e.g., scars, tattoos).

31. Blind Administration
Blind Administration is the process where the photo lineup or live lineup is presented to a witness by an officer who is unaware of the identity of the actual suspect.
Use of Blind Administration reduces the challenges of inappropriate “coaching” of a witness by a presenting officer.
Whenever possible, the department will utilize the Blind Administration process.

32. Witnesses with Disabilities or Limited English Proficiency
Determine before any presentation if the witness is deaf, illiterate, or has limited English proficiency.
If the witness is deaf, illiterate, is non-English speaking, or has limited English proficiency, the investigator will arrange for assistance to translate the Witness Identification Disclaimer/Photo Line-up Administration form in the language of the witness or otherwise assist the witness in understanding the instructions before proceeding.
The identification of this individual will be documented as well as the assistance provided.

33. Instructions to a Witness Prior to Viewing a Lineup
Prior to showing a photo lineup or the witness viewing a live lineup, instruct the witness that he/she will view a set of photographs or group of individuals.
Instruct the witness that it is just as important to clear innocent persons from suspicion as to identify guilty parties.
Instruct the witness that individuals depicted in lineups may not appear exactly as they did on the date of the incident because features such as head and facial hair are subject to change.

34. Instructions to a Witness Prior to Viewing a Lineup
Instruct the witness that the person who committed the crime may or may not be in the set of photographs or group of individuals.
That they do not have to pick anyone.
Assure the witness that regardless of whether an identification is made, the police will continue to investigate the incident.

35. Instructions to a Witness Prior to Viewing a Lineup
Officers should be careful to not make any comments to the witness that could prejudice the witness in any way.

36. Instructions to a Witness Prior to Viewing a Lineup
Instruct the witness that the procedure requires the investigator to ask the witness to state, in his/her own words, how certain he/she is of an identification.
Officers and Investigators will use the Eyewitness Evidence Admonition Form to document the presentation of any suspect identification procedure.

37. True or False
After a witness has cooperated in a field identification, photo lineup, or live lineup, the officer should ask the witness to state in their own words how certain they are about the identification.
True
False

38. Incorrect
Please try again

39. Correct
Instruct the witness that the procedure requires the investigator to ask the witness to state, in his/her own words, how certain he/she is of an identification.

40. Field Identification Procedure
If a suspect is located at or near the scene, an immediate field identification may be used to identify the suspect (and free someone who is not a true suspect.)
Determine if any of the witnesses believe they could identify a suspect if they saw them again.
If so, prior to taking the witness to the area of the suspect, obtain and document the witnesses’ description of the suspect.
Obtain Supervisory approval for the Field Identification

41. Field Identification Procedure
Consider transporting the witness to the location of the detained suspect to limit the legal impact of the suspect’s detention.
When multiple witnesses are involved:
Separate the witnesses
If positive identification is received from one witness, consider using other identification procedures for remaining witnesses

42. Field Identification Procedure
Prior to arrival at the suspect’s location, caution the witness that the person he/she will view may or may not be the perpetrator.
Obtain and document a statement of certainty for both identification and non-identifications.

43. Which of the following is improper for Field Identifications ?
Get a suspect description first.
Transport the suspect to the victim.
Tell the witness that the person he/she is looking at may or may not be the suspect.
Always get a statement from the witness about the showup.

44. Incorrect
Please try again

45. Correct Always get a suspect description prior to the showup
Transport the witness to the suspect’s location to avoid legal disputes regarding detention and arrest.
Inform the witness that he/she may or may not see the suspect.
Have the witness prepare a statement about the showup and identification or nonidentification after it is concluded.

46. Developing and Using Composite Images
Assess the ability of the witness to provide a description of the suspect. If the witness is very descriptive and sure of their description, ask if they believe they could describe the suspect in detail to a department artist.
Avoid showing the witness any photos immediately prior to the development of the composite.
Select an environment for conducting the procedure that minimizes distractions

47. Developing and Using Composite Images
Conduct the procedure with each witness separately.
Determine with the witness whether the composite is a reasonable representation of the perpetrator.
Document in the witnesses own words their confidence in the representation of the suspect.

48. Which scenario is recommended for preparing a composite of a suspect?
Have all witnesses help with the composite prepared on the shoulder of the road.
Separate the witnesses and prepare the composite with one witness at a time in an office.

49. Incorrect
Please try again

50. Correct
Select an environment for conducting the procedure that minimizes distractions.
Instruct the witness to avoid discussing details of the incident with other potential witnesses.

51. Recording Identification Results
Record both identification and nonidentification results in writing, including the witness’ own words regarding how sure he/she is.
Ensure the results are signed and dated by the witness

52. Recording Identification Results
Ensure that no material indicating previous identification results are visible to the witness.
Ensure that the witness does not write on or mark any materials that will be used in other identification procedures.
Thorough documentation is required.

53. ADDITIONAL RESOURCES
“Eyewitness Evidence: A Guide for Law Enforcement” NIJ PowerPoint Presentation
“Eyewitness Evidence: A Guide for Law Enforcement”
“Eyewitness Evidence: A Trainer’s Manual for Law Enforcement“

54. ADDITIONAL RESOURCES
Department Directive: 7.42