Current through Register 2024 Notice Reg. No. 38, September 20, 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.
