To identify suspects, police officers often use something called lineups. Lineups are governed by Florida statute 92.70, also referred to as the Eyewitness Identification Reform Act. There are two types of lineups that are commonly used: live lineups and photographic lineups.
Live lineups are when police officers bring multiple subjects into a room and ask an eyewitness to identify which person matches the suspect. The police also usually ask the subjects to do or say certain things, such as “hand over the cash!” if a witness reported hearing that line during a burglary. Live lineups must be conducted by an independent administrator, which is a person who has no affiliation with the case. This prevents the eyewitness from being potentially influenced by an investigating officer, as the officer may already have a suspect in mind. Remember that the intention of the lineup is to allow the witness to identify a suspect of their own accord, not to just affirm the officer’s suspicions.
Photographic lineups, as the name implies, uses photos of the subjects instead. These are often done when an independent administrator is unavailable. Since it is more difficult to ensure impartiality with the presentation of photos, there are many methods available to make the process more neutral. One common approach is to have a computer program automatically administer the lineup without input from the administrator. Another way is to place the photos in randomly numbered folders, which are then shuffled, and present the folders to the eyewitness for examination.
Florida Identify Law
Whether it is a photographic or live lineup, the administrator is legally required to provide the witness with the same instructions. Prior to beginning the lineup, the eyewitness must be told that:
- The perpetrator might or might not be in the lineup,
- The lineup administrator does not know the suspect’s identity (only stated during a live lineup),
- The eyewitness should not feel compelled to make an identification,
- It is as important to exclude innocent persons as it is to identify the perpetrator and,
- The investigation will continue with or without an identification.
Once these instructions have been read, the eyewitness must sign an acknowledgement form before continuing.
As useful as police lineups are, their results can be tainted and even inadmissible in court if the police fail to follow correct procedures. For instance, failing to truly randomize the photos used could be a reason that would lessen the validity of the results. If you feel that a police photo lineup has been improperly conducted in your case, you will need an experienced criminal law attorney who can fight on your behalf to have any illegally obtained evidence thrown out. Call Hendry & Parker, P.A. in Dunedin at 727-205-5555 today for a free consultation.