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§ 2698.25. Requirements Specific to Photographic Lineups.

10 CA ADC § 2698.25Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 10. Investment
Chapter 5. Insurance Commissioner (Refs & Annos)
Subchapter 9. Insurance Fraud
Article 1. Eyewitness Identification Procedures
10 CCR § 2698.25
§ 2698.25. Requirements Specific to Photographic Lineups.
(a) In addition to the requirements of Section 2698.24 above, the requirements of this section shall apply to all identification procedures involving a photographic lineup.
(b) The employee composing the photographic lineup and the administrator of the photographic lineup shall not be directly involved in the investigation of the case.
(1) Notwithstanding the foregoing subdivision (b) of this Section 2698.25, employees composing or administering a photographic lineup may be involved in the investigation of the case, provided that the photographic lineup is conducted in a blind or blinded administration, as required by Section 2698.24(f).
(2) A six-pack lineup shall only be conducted using blind administration. Other than the eyewitness, no person with knowledge of the suspect's identity shall be present during administration of a six-pack lineup.
(c) When composing a photographic lineup prior to an identification procedure, an employee shall:
(1) Use the most recent Department of Motor Vehicles photograph of the suspect and obtain other similar photographs through the Cal-Photo system. Employees shall not mix Department of Motor Vehicles and booking photographs for lineups.
(2) Prior to beginning the identification procedure, record the names, dates of birth and numbers assigned to each photograph in a document that is not made available to any eyewitness.
(d) Photographic lineups shall be subject to the following procedural requirements:
(1) If a photographic lineup is being shown to more than one eyewitness, the lineup shall be reprinted in color for each eyewitness.
(2) If an eyewitness indicates that a photograph is of the perpetrator, the administrator shall ask the eyewitness to circle the photograph, as well as sign and date the photograph. If an eyewitness cannot identify the suspect in any of the photographs shown during the identification procedure, the administrator shall ask the eyewitness to indicate that fact on the Eyewitness Identification Form, as well as write that statement on some part of the photographic lineup, accompanied by the eyewitness's signature and the date.
(3) Lineups shall be presented to the eyewitness sequentially (i.e.: the administrator shall present one photograph to the eyewitness at a time). The eyewitness shall view all photographs in the lineup. Notwithstanding the preceding sentence, the requirements of this subdivision (d)(3) shall not apply to six-pack lineup identification procedures.
(4) After the conclusion of the photographic lineup:
(A) If a photograph was selected, the administrator shall write the eyewitness name, date and time of the identification procedure, and case number on the back of the selected photograph, or six-pack lineup, as applicable.
(B) The administrator shall place all photographs, folders, and audio or visual recordings that comprised the photographic lineup into an evidence envelope, seal the envelope, sign and date the envelope, and book the envelope into evidence.

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, § 2698.25, 10 CA ADC § 2698.25
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