E.P.P. 051
LONGWOOD POLICE DEPARTMENT
ENFORCEMENT POLICY & PROCEDURE
NUMBER: EPP – 51
SUBJECT: PHOTO LINEUP PROCEDURES
EFFECTIVE: OCTOBER 1, 2011
REVISED: OCTOBER 1, 2023
ENFORCEMENT POLICY AND PROCEDURE
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I. PURPOSE:
This policy establishes guidelines for the administration of simultaneous photo lineups.
This policy shall apply to all sworn law enforcement personnel. Nothing herein is
intended to create new rights of parties or grant a right or privilege not otherwise
provided by law.
II. DEFINITIONS:
A. Eyewitness: A person whose identification by sight of another person may be
relevant in a criminal proceeding.
B. Filler Photos: Photographs of persons other than the suspect/subject, used to
complete a photo array and bring the total number of photos in the array up to
a minimum of six photos.
C. Independent Administrator: A law enforcement officer administering a lineup or
photo array who is not participating in the investigation of a criminal offense and
has no knowledge of the suspect/subject’s identity in the lineup.
D. Photo Array: The group of photographs used in a photographic lineup. The
process of conducting a photo lineup is often called the “photo array.” The photo
array shall be randomly compiled.
E. Photographic Lineup: Showing photographs to an eyewitness for the purpose of
identifying or eliminating suspects/subjects. The group of photos used in a
photographic lineup is called a “photo array.”
F. Simultaneously: Presentation of photos in a photo group or individuals in a
lineup to a witness all at once rather than one at a time.
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III. COMPOSING (CREATING) THE PHOTO LINEUP:
A. A photo lineup or array should consist of six randomly assembled and numbered
photographs. Each photo lineup shall include one photo of the suspect/subject
and five filler photos.
1. If there are multiple suspects/subjects in a case, only one suspect/subject
should be included in each photo lineup.
2. If there are multiple suspects/subjects in a case, each photo lineup for
each different suspect/subject, should contain different filler photos.
B. If there are multiple eyewitnesses, the suspect/subject’s photo shall be placed in
a different position in the array for each witness, to the extent that is possible.
C. All photographs should be of individuals who are reasonably similar in age, race
height, weight, and general appearance, and are of the same sex, in accordance
with the witness’ description of the suspect/subject. The photo array should
attempt to create a consistent appearance between the suspect/subject and the
fillers with respect to any unique or unusual feature used to describe the
suspect/subject.
D. The following guidelines shall apply to photo arrays:
1. All photographs used should be of like background, size and basic
composition.
2. Color and black and white photos may not be mixed within the same
photo array.
3. No identifying information about the subject should appear on any
photos.
4. To the extent possible, avoid mixing photo sources.
E. Photographic lineups created by another law enforcement agency or by an
approved police department vendor (such as Face Logics) that are administered
in a Longwood Police Department investigation must conform to or exceed the
standards of this policy. Officers are required to verify compliance prior to
administration.
IV. CONDUCTING THE PHOTO LINEUP:
The following guidelines shall apply to the Independent Administrator (Administrator)
conducting the photo lineup.
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A. The Administrator shall be instructed to remain neutral at all times until after the
procedure is completed.
B. The photo lineup should be placed inside a closed file folder which has a written
copy of the witness instructions (see Exhibit A) attached to the front of the file
folder.
C. The Administrator of the lineup should place the closed folder before the witness,
and instruct the witness not to open the folder. Before the witness opens the
folder, the Administrator should read the following instructions aloud to the
witness (see Appendix A) and shall not engage in any additional commentary:
1. You will be asked to view a group of photos of individuals.
2. The person of interest may or may not be in this photo lineup and the
photos are not in any particular order.
3. You should not feel as though you have to make identification.
4. Take as much time as you need to look at each photograph.
5. Individuals presented in these photographs 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.
6. It is just as important to exclude innocent persons from suspicion as it is
to identify the perpetrator.
7. The investigation will continue whether or not identification is made.
8. The Administrator does not know the suspect’s identity.
9. If you do identify someone, I will document your statements regarding
your identification.
10. After viewing all of the photographs, if you can make an identification,
please initial the photograph of the person you have identified, sign and
date the form, and close the folder.
11. Since this is an ongoing investigation, you should not discuss the photo
lineup or the results with anyone.
D. The Administrator shall obtain acknowledgement that the witness has read and
understands the instructions. If the witness refuses or is unable to sign the
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acknowledgment, the administrator shall so note and sign the acknowledgment
document. Advise the witness to open the folder and review the lineup.
E. Audio or video recordings of a photo lineup will be at the discretion of the
assigned case investigator based upon the circumstances of the case and the prior
information obtained in the investigation.
F. Once the instructions have been read aloud, and the witness begins their review,
the administrator should position themselves away from the witness as the lineup
is being viewed, taking all reasonable precautions to avoid any conduct that might
directly or indirectly influence a witness’ decision.
G. The administrator will not provide any verbal or nonverbal feedback to the
witness on the witness’ selection or the outcome of the lineup.
H. In the event of multiple eyewitnesses, the photo lineup shall only be shown to
one witness at a time. Ensure that the witnesses are separated so they will not be
aware of the responses of other witnesses.
I. When the witness has finished viewing the photo lineup, the witness should hand
back the folder to the Administrator.
NOTE: If an identification is made, confirm that the witness has initialed and
dated the selected photo, and signed and dated the photo lineup. The
Administrator shall sign and date the photo lineup. If the witness refuses
to sign the lineup, the administrator will note the refusal and sign the
array accordingly.
J. A witness lineup identification form shall be executed after the lineup has been
administered, if an identification is made. When using Café to generate the photo
lineup, the witness line up identification form will automatically print along with
the photo lineup. However, when generating a photo lineup from another source
(i.e.: DAVID, etc.), a copy of the witness lineup identification form must be
manually printed. See Appendix B at the end of this policy for an example of
Longwood Police Department’s witness lineup identification form.
K. Following all photo lineups, and whether or not identification is made, the folder
containing the instructions and the photo lineup presented to the witness should
be submitted into evidence to be maintained for the criminal case.
V. ALTERNATIVE METHODS:
In the event an Independent Administrator is unavailable, and with the approval of a
Sergeant or higher authority, officers may use one of the following alternative methods.
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A. An automated computer program that can automatically administer the photo
lineup directly to an eyewitness and prevent the lineup administrator from seeing
which photograph the eyewitness is viewing until after the procedure is
completed.
B. A procedure in which photographs are placed in folders, randomly numbered,
and shuffled and then presented to an eyewitness such that the lineup
administrator cannot see or track which photograph is being presented to the
eyewitness until after the procedure is completed.
C. Any other procedure that achieves neutral administration and prevents the
lineup administrator from knowing which photograph is being presented to the
eyewitness during the identification procedure.
NOTE: Although alternative methods are available pursuant to Florida Statute
92.70, the preferred method of the Longwood Police Department is to
utilize an Independent Administrator (defined above) for all
photographic lineups.
VI. DOCUMENTATION:
Lineup results will be documented by the administrator of the lineup. At least the
following information will be included in the report:
A. Basic Information:
1. The names of all persons present at the lineup.
2. The date, time, and location of the lineup.
B. Information to help identify the level of confidence expressed by the witness:
1. Whether identification is made.
2. The witness’ exact words and responses made during the lineup review.
3. Any nonverbal communication or action of the witness.
4. The reason or basis for any deviation from these guidelines.
VII. TRAINING:
Agency law enforcement personnel are required to receive initial and periodic refresher
training on this policy. Periodic training will be conducted once every three years.
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VlIl. SUBMISSION TO THE STATE ATTORNEY’S OFFICE:
The agency will file a current copy of this policy with the Seminole County State Attorney’s
Office.
IX. APPENDICES:
A. Simultaneous Photo Array Instruction Form – Witness (Appendix A)
B. Witness Identification Form (Appendix B)
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APPENDIX A
Simultaneous Photo Array Instruction Form
Case Number: __________________________________________
Witness Name: __________________________________________
Date: __________________________________________
Administrator: READ ALOUD AND SIGN BEFORE SHOWING PHOTO ARRAY.
_____ 1. You will be asked to view a group of photos of individuals.
_____ 2. The person of interest may or may not be in this photo lineup and the
photos are not in any particular order.
_____ 3. You should not feel as though you have to make identification.
_____ 4. Take as much time as you need to look at each photograph.
_____ 5. Individuals presented in these photographs 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.
_____ 6. It is just as important to exclude innocent persons from suspicion as it is
to identify the perpetrator.
_____ 7. The investigation will continue whether or not identification is made.
_____ 8. If you do identify someone, I will document your statements regarding
your identification.
_____ 9. After viewing all of the photographs, if you can make an identification,
please initial the photograph of the person you have identified, sign and
date the form, and close the folder.
_____ 10. Since this is an ongoing investigation, you should not discuss the photo
lineup or the results with anyone.
I, ___________________________, hereby acknowledge that the above instructions have been
read aloud to me and that I understand how this photo array will be administered.
______________________________ ______________________________
Witness Signature Administrator Signature
______________________________ ______________________________
Date Date
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APPENDIX B
Witness Lineup Identification Form
Case Number: __________________________________________
Witness Name: __________________________________________
Date: __________________________________________
A. If you have previously seen one or more of the persons in the lineup that is
connected to this case, circle the appropriate number corresponding to the person in the
lineup. State below in paragraph ‘C’, where and when you saw him/her and what
occurred.
B. Print and sign your name, address, telephone number, date, and time.
C. Number ______ was seen by me ______________________________________
When: ___________________________________________________________
Where: __________________________________________________________
What Occurred:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Sworn to and subscribed __________________________________
Before me this _______ Signature of Witness Viewing Lineup
Day of _____________ __________________________________
20 _____. Printed Name of Witness Viewing Lineup
____________________ __________________________________
Notary Public City State Zip
__________________________________
Area Code Telephone Number
Law Enforcement Officer
Conducting Official __________________________________
Investigation
Prepared by: __________________________________
Longwood Police Department
Date: _____________