- Introduction and Definitions
- Sequential Photo Display
- Procedure for Sequential Photo Displays / Line-ups
Section 1. Introduction and Definitions
The Saint Paul Police Department is committed to using a procedure for photo displays that is designed to safeguard against the fallibility of human memory. Eyewitness identification is an important tool used in law enforcement and the prosecution of criminals. The procedure outlined in this policy will assist officers and investigators in identifying potential suspects and maximizing the reliability of those identifications. The intent of this policy is to establish guidelines on how to conduct fair and reliable eyewitness identifications while using sequential photo displays.
Definitions:
Non-Suspect Fillers – Photographs of individuals not suspected of committing the crime being investigated. These non-suspect filler photographs are used in the sequential photo displays to add additional photographs for identification purposes.
Functional Equivalent – An officer or investigator administrating the sequential photo display, who does know the identity of the suspect. This officer/investigator would not view the sequential photo display prior to administering. This photo display would be created by a different officer or investigator.
Independent Administrator – Administers the sequential photo display and does not know whether the person being investigated is included in the sequential photo display. This officer/investigator did not create or build the sequential photo display.
Simultaneous Photo Display – The witness is shown all the photographs in a photo display at once.
Sequential Photo Display – The witness views only one photograph at a time, preferably in order.
Section 2. Sequential Photo Display / Line-up
Several factors significantly reduce the likelihood of misidentification in a photo display. Using a sequential photo display instead of a simultaneous photo display and using an independent administrator (or a functional equivalent [FE]) can reduce misidentification.
The officer/investigator working on the case may assist with creating the photo display. Descriptors given by the witness, as well as the suspect’s characteristics (if known), should be used to complete the photo display. At least five characteristics should be used if possible (e.g., age, sex, race, height, weight, hair, facial hair, eye color, etc.). Before finalizing the photo group, the creating officer/investigator should view the photo display in its entirety to verify the suspect does not stand out. The photographs should be numbered for future reference. When possible, officers/investigators should attempt to keep the suspect from position number one on the photo display (some programs such as MRAP automatically place the pictures and it is not possible to change the picture order). A ratio of fillers to suspects of at least 5:1 should be used (five non-suspect fillers plus the suspect for a total of at least 6 photographs). The Ramsey County Law Enforcement IWS 9 Imageware Systems and MRAP may be used to create and produce photo displays. The process used must be fair and the photo display must be created impartially. DVS and other collected photographs may be used when other known database photographs are unavailable. Minn. Stat. §171.07 sub. 1a-(2).
Section 3. Procedure
1. An independent administrator should always be used, if possible. A functional equivalent can be used in cases where an independent administrator is not possible.
If an administrator with knowledge of the suspect’s identity is present during the administration of the photo display, it is preferred they stay out of the witness’ view. If no independent administrator is available, a functional equivalent must be used. This ensures the administrator does not know which photo is of the suspect.
The administrator/investigator will inform the witness via the Sequential Photo Display form, that they do not know the order of the photographs. Regardless of method, investigators will be prepared to testify as to the unbiased method and fairness of a display.
- The sequential photo display procedure is the same for either method (independent administrator or functional equivalent). Regardless of method, investigators will be prepared to testify as to the unbiased method and fairness of a display.
A. The administrator will read the “Administrator Side” of the Sequential Photo Display form and fill out the appropriate box (IA or FE). Complete the information at the top of both sides of the form.
B. Select the applicable IA or FE language on the “Witness Side” of the form. Read and check off the six instructions to the witness on the Witness Side of the form. The witness should initial that they understand the instructions. The alternate simplified version (form revised 6/8/11) may be used for children, mentally impaired adults and persons with limited knowledge of English. This form can also be used for other types of photo displays such as vehicles, guns, homes, weapons, etc.
C. Display the photos to the witness in sequential order with only one photo visible at a time. The administrator should not give the witness any feedback during or after the photo display.
D. Record any comments the witness makes while examining the photos and any other relevant observations (e.g., physical reactions).
E. If the witness makes an identification, ask the witness how certain they are of the identification. The witness’ response should be recorded on the “Administrator Side” of the form. If the witness asks about what type of scale, grading method, or certainty percentage should be given, tell them to use which ever method seems right to them.
F. Do not show the photo display more than once unless the witness requests it. If requested, show the entire photo display, in the same order as originally shown, even if the witness requests only one or multiple pictures be shown.
G. At the conclusion of the photo display, the witness should complete the lower section on the “Witness Side” of the form. The investigator is permitted to assist the witness with this portion of the form, if requested by the witness.
F. If a witness is deaf, hard of hearing, has hearing loss or English is a second language, officers or investigators administrating the photo display must provide auxiliary aids (any item which may assist in ensuring effective communication) or may provide an interpreter or CART provider (real time captioning) as necessary to communicate effectively (Saint Paul Police General Order 409.01).
- Written and photo record of photo identification or non-identification:
A. The lower section on the “Witness Side” of the form is the record, in the witness’ own handwriting, of whether any identification was made and, if so, how certain the witness is of their identification (encourage the witness to put comments in their own words). The witness should sign and date the form. If the witness refuses to sign, write "refused" below the space for the witness' signature. This written record must be maintained whether or not the witness identifies any person.
B. The photo display use must be preserved. The six-person template for simultaneous photo displays may be used for this purpose. If identification is made, have the witness sign and date in the space underneath the identified photo.
C. The “Administrator Side” of the form must also be completed. This includes "How certain are you of your identification?" It must also include how many times the display was shown, the administrator's summary of witness comments made during the photo display, and any other relevant observations.
D. In addition to this form, the administrator’s actions regarding the photo display will be detailed in a supplemental police report.
4. Exception for Children 12 and Under:
Scientific research does not demonstrate the superiority of the sequential method for witnesses 12 and under. Use the simultaneous method in these cases. However, an independent administrator should still be used, whenever possible. Rather than using the Sequential Photo Display form, use the alternate simplified instructions, if appropriate. The supplemental report should also include any comments made by the witness, any physical reactions while examining the photo display, a statement of whether the witness selected any photo, and if a selection was made, the witness’ level of certainty. Older children may be asked to sign and date the picture selected.
- Multiple Perpetrators:
When there are multiple perpetrators, the same ratio of non-suspect fillers to suspects should be used (at least 5:1) for each perpetrator. A new photo display must be made, and new Sequential Photo Display form must be used for each suspect.
- Multiple Witnesses:
If more than one witness views the photo display, separate the witnesses while administrating the photo displays. Also, consider placing the suspect’s photo in a different position for each witness. Be sure to preserve a photo record of the order of photos shown to each witness and to have each witness sign and date any photo selected on separate photo displays.
- Follow-up Interview by Investigator:
After the independent administrator has completed the photo display, the assigned investigator may follow up with any supplemental interviews, as needed. The investigator should refrain from talking to the witness about their selection until the case is closed and a suspect has been charged. If the witness is concerned for their safety and wants to know if the suspect is in custody, that question may be answered.
- The Sequential Photo Display form must be scanned into the Media Vault. After scanning, the officer/investigator submitting the paper evidence must go into the Media Vault and confirm the scanned version is an exact copy of the original. Once the officer/investigator has verified the scanned version is an exact duplicate of the original, the original document may be shredded (Saint Paul Police Policy 439.12 Property Room Unit Procedures).
Updated August 3, 2020