§ 2698.24. General Identification Procedure Requirements.
10 CA ADC § 2698.24Barclays Official California Code of Regulations
10 CCR § 2698.24
§ 2698.24. General Identification Procedure Requirements.
(c) In cases involving multiple suspects, a separate identification procedure shall be conducted for each suspect. No more than one suspect, or photograph of a suspect, shall be present during an identification procedure. If an eyewitness is presented with identification procedures for multiple suspects, the lineup order, and the position of the suspect, or photograph of the suspect, shall be different for each identification procedure presented to that eyewitness.
(g) All identification procedures shall be composed so that the fillers generally match the suspect in appearance. In the case of a photographic lineup, the photograph of the suspect shall, to the greatest extent practicable, resemble the suspect's appearance at the time of the offense and not differ from the filler photographs in a way that would make the photograph of the suspect appear distinctive.
(i) No writings or information regarding any of the people or photographs present during an identification procedure, including writings or information regarding the suspect or photographs of the suspect, shall be visible to the eyewitness during the identification procedure. This subdivision shall not prohibit sequential numeric identifiers from being assigned to each person or photograph present in an identification procedure.
(j) Employees, or other persons present during an identification procedure, shall not, in any way, influence an eyewitness as to whether or not any person or photograph presented during an identification procedure is in any way connected to a case. Specifically, an employee shall not indicate or communicate to any eyewitness:
(2) Not disclose any information concerning the identified person prior to obtaining the eyewitness's statement of confidence level and documenting the exact words of the eyewitness. This requirement also applies to any employees or persons in addition to the administrator who might be present during the identification procedure.
(m) A separate identification procedure shall be conducted for each eyewitness and no more than one eyewitness shall be present during an identification procedure. The order of the suspect and the fillers shall be randomized anew before being presented to each successive eyewitness. Notwithstanding the immediately preceding sentence, a six-pack lineup may be presented to multiple eyewitnesses with the photographs in the same order.
(n) An electronic recording shall be made that includes both audio and visual representations of each identification procedure in its entirety. Notwithstanding the preceding sentence, when the administrator determines that it is not feasible to make a recording with both audio and visual representations, audio recording may be used. When audio recording without video recording is used, the administrator shall state in writing the reason that video recording was not feasible.
Credits
Note: Authority cited: Section 859.7, Penal Code. Reference: Section 859.7, Penal Code.
History
1. New section filed 5-28-2021; operative 7-1-2021 (Register 2021, No. 22).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 10, § 2698.24, 10 CA ADC § 2698.24
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