The Herbert T. Jenkins Atlanta Police Academy strives to keep employees within the department informed of new information applicable to the performance of their duties.  Roll call training is designed to provide up-to-date information about changes in Department policies, and procedure, as well as to provide notification of any changes in criminal law or other areas that affect Department employee or the performance of their duties.

The Atlanta Police Department places the highest value upon the preservation of life and the safety of its police officers, employees, and citizens.  Adherence to the information contained in this training issue will ensure compliance with the provisions in this roll call training.

A        Physical Lineups

1. The officer in charge will explain the lineup procedure to the suspect by advising him or her that he or she:

a.    Will be required to stand in the line up to allow a witness an opportunity to make identification for a specified incident.

b.    May be required to speak, move, or make a gesture, wear or remove clothing upon request by a witness to the officer conducting the lineup.

c.     Has the right to an attorney to represent him/her at the lineup.  If the suspect cannot afford an attorney then one will be appointed to represent the suspect at the lineup.  The attorney will be given a reasonable time to arrive.

d.    Has the right to waive the presence of an attorney and to proceed with the lineup.  The waiver of an attorney should be made in WRITING, knowingly, without threats, fear, or promise of reward from the officer.

             2.  When selecting participants for the lineup, the officer will:

      a.  Select at least five other persons of similar characteristics (i.e., sex, age, height, weight, type of clothing).

b.  Allow the suspect to choose his or her position number.

c.  Inform the participants of the seriousness of the procedure and instruct them not to make any movement or gesture which would divulge the identity of the suspect.

d.  Number the participants in numerical order from the left to right as seen by the witness.

3.  To ensure fairness and minimize suggestiveness during the physical lineup procedure, the officer will:

a.  Make every effort to ensure that each identification is free from the influence of other participants.  Witnesses will be separated before, during, and after the confrontation and will be instructed not to discuss with other witnesses.

b.  Refrain from any action or conduct that might suggest to the witness that a particular individual is believed to be guilty.

c.  Require all lineup participants to speak or make a movement if the witness request a  particular person in the lineup do so, starting from number one through six.

d.  Require the witness to mark the appropriate space on the “Witness Lineup Identification Form” which corresponds with the participant’s number, if positive identification is made.

            4.   After all witnesses have viewed the lineup, the officer will:

a.  Ensure that a permanent record is made of the line up by requesting the Identification Unit to photograph all members in the lineup in the exact sequence in which the witness viewed them.

b.  Obtain a statement from the witnesses who made positive identification.

c.  Insure that the following are completed;

1.      Lineup Form – list information on participants,  witnesses and outcome of the lineup.

2.     Witness Lineup Identification Form – shows which person, if any, the witness identified as being the suspect.

3.      Waiver of Lineup Form – written records of suspect’s waiver of counsel at the lineup proceeding if applicable.

B.         Photographic Lineup

  1.   Officers will use a minimum of six photographs when conducting a

         photographic lineup.  To minimize the possibility of suggestiveness, the

         photographs will:

      a.  Be recent and depict persons with similar characteristics, such as sex,

           race, age, hairstyle, etc.

      b.  Be of the same type, size, color lighting.

      c.  Show the suspect only once in the display.

                      d.  Not depict identifying information that would link the suspect to a

                           specific crime.

     e.  Be presented so that the suspect’s photograph is not emphasized and

          does not stand out from the rest.  Care should be taken that the pattern

          of time sequence of the display is not suggestive.

     f.        Cover any portion of the photographs that refer to a police agency,

           prison facility, age, weight, height, etc?

             2.  The Officer should:

                     a.  Not tell the witness that the suspect’s photo is among those displayed.

    b.     Not tell the witness that other evidence exists which connects the

          suspect to the crime.

    c.  Not allow the witness to view the back of the picture if information is

         written on it.

    d.  Not allow the witness to view the photograph in front of any other

         witnesses.

              3.  If the witness positively identifies a photograph, the officer will:

   a.  Require the witness to initial the back of the photograph so it can be

        subsequently produced in court for identification purpose.

   b.  Have the witness complete and sign the photograph identification form.

   c.  Ensure that a written supplement is made of the photographic form.

   d.  Turn all of the photographs used in the photographic lineup procedure

        into the Property Control Unit marked “evidence.”  Photographs should

        be not kept in the file folders.

C.      Show Ups

              1.  Show-ups will only be used in the following situations:

a.      When a suspect is apprehended at or near the scene of a crime within a reasonable amount of time after its commission, and the officer determines that an immediate identification is necessary to aid in a speedy police investigation and avoid the possibility of confining an innocent person for the length of time needed to hold a lineup.

b.      When a prompt confrontation with the victim is necessitated by the lack of opportunity for a lineup due to the victim’s critical condition.

  2.     A “totality of circumstance” test will be applied to show-up confrontations to

        determine the reliability of the identification.  Factors that will be considered

        include:

  a.  Did the witness have the opportunity to view the suspect at the time of the

       crime?

  b.  Was the defendant the only individual who could possibly be identified as

       the guilty party by the witness or were there others near him at the time of

       the confrontation to negate the assertion he was shown to the victim?

c.      Was there any compelling reason for a prompt confrontation rather than securing other  similar individuals for the purpose of holding a lineup.

d.      Was the witness identification a product of mutual reinforcement of opinion among others simultaneously viewing the suspect?

e.      Were any statements made to the witness prior to the confrontation that would indicate that the police were sure of the suspect’s guilt?

            3.  If a suspect is identified by a witness, the officer will:

     a. Make a report detailing the circumstances that led to the arrest and

         identification.

b. Allow only one witness to view the suspect for identification purpose and

    require the other witnesses, if any, to view the suspect in an-custody lineup.

4. The officer will take every possible measure to protect witnesses during the show-up. Suspects will not be taken to a witness home or place of employment.  The witness will be brought to the place where the suspect is being detained.

Key Point Summary

1. Know the proper procedure for conduction a Physical Lineup.

2. Know how to set up a Photograph Lineup and use the Photographic Lineup   Identification Sheet.

3. Know when and how to use a Show up.