Skip to main content
MSLEACForms

Standard 4.7

Chapter 4. Legal

Standard statement

Eyewitness Identification (E)

Each bullet must stand alone when establishing compliance, with proofs identified for every lettered requirement.

  1. a.The agency has a written directive describing procedures for eyewitness identifications and trains appropriate personnel in the administration of live and photographic lineups. The written directive shall include at minimum:
  2. b.The composition and presentation process for live or photographic line-ups designed to prevent opportunities to influence the witness, and
  3. c.The prescribed instructions to witnesses including a statement that the suspect may or may not be in the line-up, and documentation of the results, and
  4. d.The procedures to be used in administration to the deaf and illiterate or those with limited English language proficiency, and
  5. e.When it is appropriate to use on-scene identifications.
  6. f.Discussion: If a local District or County Attorney has issued written instructions on the procedures for eyewitness identifications, these instructions will meet this standard. Proof of training will still be required.
  7. g.Agency policy must meet above standards. Adoption of the Sample Policy will meet these standards but agencies are free to construct their own that meet these requirements.
  8. h.Prevention of opportunities to influence a witness can further include using sequential presentation and taking steps to prevent inappropriate feedback by the administrator. Prohibition of feedback can be accomplished by instructing or cautioning officers to take steps to avoid influencing a witnesses’ selection, developing procedures that would prevent that feedback, or by use of blind administration. Blind administration refers to using an officer, other than the officer constructing the photographic line-up, who does not know the identity of the true suspect, to present the line-up to the eyewitness.
  9. i.While a higher level of training is always encouraged, the training portion of this standard may be met by showing that officers have received Roll-call Training or a formal Training Bulletin, watched a video, received a copy of a policy which was discussed with or by a Supervisor, or received a copy of a policy and been tested over its content. Appropriate personnel, such as Criminal Investigators or other officers who would have the occasion to conduct eyewitness identification must be trained.