Current through Register 2024 Notice Reg. No. 52, December 27, 2024
(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.
1. New
section filed 5-28-2021; operative 7-1-2021 (Register 2021, No.
22).
Note: Authority cited: Section
859.7, Penal
Code. Reference: Section
859.7, Penal
Code.
