§ 2698.25. Requirements Specific to Photographic Lineups.
10 CA ADC § 2698.25Barclays Official California Code of Regulations
10 CCR § 2698.25
§ 2698.25. Requirements Specific to Photographic Lineups.
(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) 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.
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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