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Photo
Line-up
Line-up
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When I started my police career, my department didn't want patrol
officers to take an investigation to the stage of identifying a suspect(s)
through the means of a photo line-up. That part was reserved for
detectives or officers assigned to special investigative units. If your
department has a similar policy, it's not designed to impede your
training or experience in any way. It's just a matter of maintaining the
integrity of an investigation. However, there are always exceptions.
When one of your preliminary investigations takes you to the point
where the identification of a suspect(s) is warranted through a photo
line-up, you can simply seek approval from your supervisor. Once you
receive approval, make certain you're throughly familiar with your
department's guidelines regarding the line-up's preparation,
presentation, evidence submission, and reporting requirements.
A photo line-up should never consist of fewer than six (6) photographs.
The photos must be the same size and similar in appearance. You can't
have five color photo fill-ins, and one black and white photo of the
suspect. I know, that's obvious, but you get what I mean.
The people in the photos must all be similar in appearance, e.g. sex,
race, age and general physical appearance. If the suspect has a
mustache, then all the subjects must have a mustache. The same goes
for hair color and style, etc. If you have say two suspects in the same
crime, you cannot put both suspects in the same photo line-up. The five
fill-in photos must be of people who, to your knowledge, have no
involvement in the crime being investigated.
Technology is a wonderful thing. When I began doing photo line-ups, I
had to shuffle through piles of black and white mug shots to find photos
for my line-ups. Today, you'll probably have access to digitally stored
photos with software allowing you to enter the suspect's physical
parameters. If you have a large photo source, you'll be amazed how
similar the photos will be. Sometimes, you'll think the similarities are
too close, but that's good. The better your photo line-up appears, the
stronger any identification made from it will be.
Let's make it more difficult. Your suspect has a tear drop tattoo
beneath his left eye. Even with a large photo source, you're not likely
to find six photos with all the required similarities including that tattoo.
Or...let's say the only photo you have of the suspect was taken, before
he acquired the tattoo.
Your victim or witness had never previously seen or known the suspect
prior to the crime, so you know the victim/witness is going to expect to
see pictures with the tattoo. Whether the tattoo is present or not, you
could use some means to mark or cover the exact spot on the faces of
all the photos where the tattoo is located. As long as all the alterations
are exactly the same, there shouldn't be a problem.
However, before you undertake any such alterations of the photos, you
should obtain approval from a prosecutor which is usually on call for
such direction. I'll tell you right now...it all depends on the individual
prosecutor. Just like judges, one might not have any problem at all with
your creativity while another may not agree.
Okay...you're ready to show the photo line-up. Never show a line-up to
more than one victim/witness at the same time. Never coach the
victim/witness in any way. Simply state that the suspect may, or may
not, be in the photos you're about to show. You should always have
another officer present to witness the viewing.
Here's some of the reactions you'll see. One victim may immediately
point to the suspect and shout, "That's the [expletive deleted]."
Another may point to the suspect and say, "That looks like him." Still,
another may not be able to make any identification at all.
When a victim/witness does identify your suspect, you must ask, "Are
you certain?" Here's where it's going to range from "absolutely" to
"I'm pretty sure" or "I'm almost positive." Obviously, "absolutely" is
what you want to hear. While the positive identification is the best
outcome, your report will state exactly the circumstances and the result
of line-up viewing.
Remember...a photo line-up which is viewed, no matter the result of the
viewing, becomes exculpatory evidence. You must report the viewing
and its results, and the photo line-up must be submitted to your
evidence control unit.
At this point, you might be thinking, "That's sounds like a lot of work."
It really isn't. After you do a couple, you'll have no problem at all.
However, don't go to the trouble unless you're sure of a few things.
Before you put a suspect into a photo line-up, you should be personally
convinced your suspect is, in fact, the suspect who committed the crime.
Your certainty should be based upon other evidence you've developed.
If your existing evidence already reaches the level of probable cause,
the photo identification will only enhance that probable cause. If you
need the photo ID to establish probable cause, just make certain your
suspect was not in jail at the time of the crime...it's happened.
Here's an example where you're really starting cold for a photo line-up:
Remember...a positive identification from a photo line-up is good
evidence, but it's only one of many building blocks in your investigation.
It's an important building block...but only one.
I know you've seen victims and witnesses going through the "mug
books" on the television police shows. Today, such viewing can be done
on a computer screen. One can argue that any identification made is
good, because the viewer is choosing the suspect from a large number of
photographs. However, the viewer could also select the first photo which
is closely similar to the suspect as in your photo line-up fill-ins. If the
viewer actually knows the suspect from previous up close association,
this method would be acceptable; otherwise, it should be reserved as a
method of last resort.
The live line-up is definitely the best form of identification, but don't
expect to see too many of those. I only did one during my career, and
what a production that was. You still need to meet all the requirements
as in the photo line-up, and it's not an easy thing to do. The simple
truth is -- if your case rests solely on eyewitness identification, the live
line-up won't carry anymore weight than the photo line-up.
Just remember...when you do a photo line-up, you're messing with
somebody's life, and you want to be as right as you can be.
officers to take an investigation to the stage of identifying a suspect(s)
through the means of a photo line-up. That part was reserved for
detectives or officers assigned to special investigative units. If your
department has a similar policy, it's not designed to impede your
training or experience in any way. It's just a matter of maintaining the
integrity of an investigation. However, there are always exceptions.
When one of your preliminary investigations takes you to the point
where the identification of a suspect(s) is warranted through a photo
line-up, you can simply seek approval from your supervisor. Once you
receive approval, make certain you're throughly familiar with your
department's guidelines regarding the line-up's preparation,
presentation, evidence submission, and reporting requirements.
A photo line-up should never consist of fewer than six (6) photographs.
The photos must be the same size and similar in appearance. You can't
have five color photo fill-ins, and one black and white photo of the
suspect. I know, that's obvious, but you get what I mean.
The people in the photos must all be similar in appearance, e.g. sex,
race, age and general physical appearance. If the suspect has a
mustache, then all the subjects must have a mustache. The same goes
for hair color and style, etc. If you have say two suspects in the same
crime, you cannot put both suspects in the same photo line-up. The five
fill-in photos must be of people who, to your knowledge, have no
involvement in the crime being investigated.
Technology is a wonderful thing. When I began doing photo line-ups, I
had to shuffle through piles of black and white mug shots to find photos
for my line-ups. Today, you'll probably have access to digitally stored
photos with software allowing you to enter the suspect's physical
parameters. If you have a large photo source, you'll be amazed how
similar the photos will be. Sometimes, you'll think the similarities are
too close, but that's good. The better your photo line-up appears, the
stronger any identification made from it will be.
Let's make it more difficult. Your suspect has a tear drop tattoo
beneath his left eye. Even with a large photo source, you're not likely
to find six photos with all the required similarities including that tattoo.
Or...let's say the only photo you have of the suspect was taken, before
he acquired the tattoo.
Your victim or witness had never previously seen or known the suspect
prior to the crime, so you know the victim/witness is going to expect to
see pictures with the tattoo. Whether the tattoo is present or not, you
could use some means to mark or cover the exact spot on the faces of
all the photos where the tattoo is located. As long as all the alterations
are exactly the same, there shouldn't be a problem.
However, before you undertake any such alterations of the photos, you
should obtain approval from a prosecutor which is usually on call for
such direction. I'll tell you right now...it all depends on the individual
prosecutor. Just like judges, one might not have any problem at all with
your creativity while another may not agree.
Okay...you're ready to show the photo line-up. Never show a line-up to
more than one victim/witness at the same time. Never coach the
victim/witness in any way. Simply state that the suspect may, or may
not, be in the photos you're about to show. You should always have
another officer present to witness the viewing.
Here's some of the reactions you'll see. One victim may immediately
point to the suspect and shout, "That's the [expletive deleted]."
Another may point to the suspect and say, "That looks like him." Still,
another may not be able to make any identification at all.
When a victim/witness does identify your suspect, you must ask, "Are
you certain?" Here's where it's going to range from "absolutely" to
"I'm pretty sure" or "I'm almost positive." Obviously, "absolutely" is
what you want to hear. While the positive identification is the best
outcome, your report will state exactly the circumstances and the result
of line-up viewing.
Remember...a photo line-up which is viewed, no matter the result of the
viewing, becomes exculpatory evidence. You must report the viewing
and its results, and the photo line-up must be submitted to your
evidence control unit.
At this point, you might be thinking, "That's sounds like a lot of work."
It really isn't. After you do a couple, you'll have no problem at all.
However, don't go to the trouble unless you're sure of a few things.
Before you put a suspect into a photo line-up, you should be personally
convinced your suspect is, in fact, the suspect who committed the crime.
Your certainty should be based upon other evidence you've developed.
If your existing evidence already reaches the level of probable cause,
the photo identification will only enhance that probable cause. If you
need the photo ID to establish probable cause, just make certain your
suspect was not in jail at the time of the crime...it's happened.
Here's an example where you're really starting cold for a photo line-up:
Remember...a positive identification from a photo line-up is good
evidence, but it's only one of many building blocks in your investigation.
It's an important building block...but only one.
I know you've seen victims and witnesses going through the "mug
books" on the television police shows. Today, such viewing can be done
on a computer screen. One can argue that any identification made is
good, because the viewer is choosing the suspect from a large number of
photographs. However, the viewer could also select the first photo which
is closely similar to the suspect as in your photo line-up fill-ins. If the
viewer actually knows the suspect from previous up close association,
this method would be acceptable; otherwise, it should be reserved as a
method of last resort.
The live line-up is definitely the best form of identification, but don't
expect to see too many of those. I only did one during my career, and
what a production that was. You still need to meet all the requirements
as in the photo line-up, and it's not an easy thing to do. The simple
truth is -- if your case rests solely on eyewitness identification, the live
line-up won't carry anymore weight than the photo line-up.
Just remember...when you do a photo line-up, you're messing with
somebody's life, and you want to be as right as you can be.
You take a report of a armed robbery from a victim who
gives you a very detailed description of the suspect. The
victim even provides a location where she's previously seen
the suspect loitering.
From the description and the loitering location, you
immediately know who the victim is probably describing.
You know the suspect from a previous arrest for a similar
robbery. While this circumstance is not probable cause for
you to hunt down the suspect and arrest him, it certainly is
worth the effort to do a photo line-up.
If the victim makes a positive ID on the photo line-up, that
ID along with your circumstantial knowledge of the suspect
establishes probable cause for you to obtain an arrest
warrant. If you move fast enough, you could even obtain a
search and seizure warrant as well in an effort to recover
the suspect's weapon and any property taken from the
victim.
gives you a very detailed description of the suspect. The
victim even provides a location where she's previously seen
the suspect loitering.
From the description and the loitering location, you
immediately know who the victim is probably describing.
You know the suspect from a previous arrest for a similar
robbery. While this circumstance is not probable cause for
you to hunt down the suspect and arrest him, it certainly is
worth the effort to do a photo line-up.
If the victim makes a positive ID on the photo line-up, that
ID along with your circumstantial knowledge of the suspect
establishes probable cause for you to obtain an arrest
warrant. If you move fast enough, you could even obtain a
search and seizure warrant as well in an effort to recover
the suspect's weapon and any property taken from the
victim.
| The Live Line-Up |
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