Criminal InvestigationCriminal Investigation

Photo Montage andPhoto Montage and

Police LineupPolice Lineup

Part 9Part 9

Photo Montage / LineupPhoto Montage / Lineup1.1. Photo montagePhoto montage

- form of suspect identification- form of suspect identification- 69% recognition - 69% recognition

a. a. Probable causeProbable cause - not under arrest- not under arrest - charges not filed / no defense attorney- charges not filed / no defense attorney

(1) (1) Six photosSix photos - more photos- more photos - add / more suspects- add / more suspects

Photo, cont.Photo, cont. (2) (2) Similar appearanceSimilar appearance

- avoid suggestion- avoid suggestion - uniformity- uniformity

b. b. PresentationPresentation (1) (1) Show montageShow montage

- “Do you recognize anyone?”- “Do you recognize anyone?”

(2)(2) Fear Fear - not rush / examine carefully- not rush / examine carefully

Photo, cont.Photo, cont. (3) (3) No identificationNo identification

- eliminate possible suspect- eliminate possible suspect - show all witnesses- show all witnesses

(4) (4) Take statementTake statement - signs montage- signs montage - mark as evidence- mark as evidence

2.2. Physical lineupPhysical lineup- frequently used- frequently used- 75% recognition- 75% recognition

Lineup, cont.Lineup, cont.a. a. Good probable causeGood probable cause - under arrest- under arrest - compel to participate- compel to participate

(1) (1) Defense attorneyDefense attorney - present during lineup- present during lineup - cannot interfere - cannot interfere

(2) (2) RequirementsRequirements

(a) Five (5) plus suspect(a) Five (5) plus suspect

Lineup, cont.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) (3) Lineup roomLineup room

Lineup, cont.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

3.3. Primary investigatorPrimary investigator- orders participants- orders participants

Lineup, cont.Lineup, cont.a. a. Straight on / right-left profileStraight on / right-left profile - all do same- all do same

b. b. Photograph allPhotograph all - video preferred- video preferred - documentation- documentation

c. c. Recite phraseRecite phrase - robbery / kidnap / extortion / rape- robbery / kidnap / extortion / rape

d. d. Witness statement afterwardWitness statement afterward

Lineup, cont.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

4.4. Single suspect confrontationSingle suspect confrontation- very effective ID tool- very effective ID tool

Single Suspect, cont.Single Suspect, cont.-guidelines must be followed-guidelines must be followed- 95% recognition- 95% recognition

a. a. Good probable causeGood probable cause - usually detained - usually detained - may be under arrest- may be under arrest - requirements:- requirements:

(1) (1) Located proximate to crimeLocated proximate to crime

- must be reasonable - must be reasonable - could have been at crime scene- could have been at crime scene

Suspect, cont.Suspect, cont. (2) (2) Time factorTime factor

- time span increases- time span increases - ID holding up lessens- ID holding up lessens

(3) (3) Similar descriptionSimilar description - clothing / features similar- clothing / features similar - given by victim / witness- given by victim / witness - clothing may vary- clothing may vary

(4) (4) Victim to suspect locationVictim to suspect location

- preferred method - preferred method

Suspect, cont.Suspect, cont. - drive by suspect location- drive by suspect location

(5) (5) Suspect to victim locationSuspect to victim location - caution used- caution used - have consent- have consent - victim / witness concealed- victim / witness concealed

b. b. Suggestive identification procedureSuggestive identification procedure

- must avoid- must avoid

(1) (1) Avoid term “suspect” Avoid term “suspect”

Suspect, cont.Suspect, cont. - do you recognize / can you identify- do you recognize / can you identify

(2) (2) Position of suspectPosition of suspect - not observe handcuffs- not observe handcuffs

- prejudicial- prejudicial

(3) (3) Witness to viewWitness to view - safety of vehicle /discreet location- safety of vehicle /discreet location - avoid intimidation- avoid intimidation

(4) (4) Not in police facilityNot in police facility