An Eyewitness Identification Form shall be completed by the administrator for each identification procedure, and shall contain the following content:
(a) Eyewitness and Procedural Information:
(1) Date, time, and location of the identification procedure.
(2) Name of the eyewitness and time of day that the eyewitness observed the lineup.
(3) The administrator's name and badge number.
(4) Space for the eyewitness to sign indicating that they understand the identification procedure and instructions.
(5) Spaces for the eyewitness to indicate and inscribe the eyewitness's signature to confirm that either:
(A) The eyewitness recognizes a person the eyewitness believes to be the perpetrator, or recognizes a photograph as being of a person the eyewitness believes to be the perpetrator, or;
(B) The eyewitness does not recognize any of the persons or photographs in the lineup.
(b) Written Eyewitness Instructions. The form shall provide instructions to eyewitnesses, to the following effect:
(1) That the eyewitness will be shown a group of persons or photographs.
(2) That the perpetrator may or may not be present among the persons or photographs presented during an identification procedure.
(3) That the eyewitness should not feel compelled to make an identification.
(4) That it is as important to exclude innocent persons as it is to identify the perpetrator.
(5) That the perpetrator may not appear exactly the same as the perpetrator did on the date of the incident.
(6) That the eyewitness shall view all of the persons or photographs prior to making any comment.
(7) That the eyewitness shall indicate on the Eyewitness Identification Form if they recognize any of the people or photographs as being the perpetrator.
(8) That the eyewitness must not ask the administrator whether they correctly identified the suspect.
(9) That the administrator will not tell the eyewitness whether or not they correctly identified the suspect.
(10) That the eyewitness must not discuss details of the incident, the identification procedure, or whether or not the eyewitness has identified a suspect, with any other eyewitnesses.
(11) That the investigation will continue regardless of whether the eyewitness makes an identification.
Credits
Note: Authority cited: Section 859.7, Penal Code. Reference: Section 859.7, Penal Code.
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, § 2698.26, 10 CA ADC § 2698.26
