Loading...
LINEUPS D-280 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: LINEUPS NO: D-280 FILE: LINEUPS EFFECTIVE DATE: 05-05-95 REVISED: 06-01-00 AUTHORITY: Sheriff J. Zanoni APPROVED BY: Captain R. Wiley REFERENCE: People v. Keim 8 CA3d 776, 87 CR 597; People v. Williams 3 C3d 853, 8607 92 CR 67 11; People v. Bustamante 30 C3d 887 177 CR 576, and Evans v. Superior Court 11 C3d 6177 114 CR 121. PURPOSE: The purpose of this policy is to establish and maintain consistent methods for scheduling and performing witness identification lineups. POLICY: It is the policy of the Fresno County Sheriffs Department Detention Bureau to schedule and provide inmate participants for witness identification lineups. It is the policy of the Fresno County Sheriffs Department Detention Bureau to terminate and reschedule lineups delayed longer than fifteen (15) minutes past their scheduled time. PROCEDURES: I. DEFINITION LINEUP: An out-of-court procedure in which a witness attempts to identify another person. Lineups will be arranged whether the defendant is in or out of custody. II. SCHEDULING LINEUPS A. The agency requesting the lineup shall call the Watch II Administrative Sergeant to schedule a lineup. 1. Lineups will be scheduled for Wednesdays and Fridays, one lineup on each of those days. Exceptions may be made at the discretion and with the approval of the Watch Commander. Page 1 of 4 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: LINEUPS NO: D-280 FILE: LINEUPS 2. Lineups will be scheduled to begin at 1.00 p.m. If the lineup is delayed for longer than fifteen (15) minutes, it shall be terminated and rescheduled. C. It shall be the responsibility of the agency requesting the lineup to provide a photograph of the defendant at least one day in advance of the lineup. D. The agency requesting the lineup shall make provisions for photographs to be taken of the participants. III. LINEUP PARTICIPANT SELECTION A Lineup Officer shall be assigned to locate inmates with physical characteristics similar to the defendant. A. Though only five will participate, seven (7) inmates shall be selected to participate in the lineup. The agency conducting the lineup will eliminate two participants. B. No inmate shall be forced to participate in a lineup. C. Potential lineup participants may be offered an incentive to volunteer for the lineup (e.g., an extra sack lunch). D. The Lineup Officer shall explain the procedure to the inmate participants. IV. LINEUP PROCEDURE A. The participants in the lineup shall file into the viewing room from the side entrance. B. All participants shall be dressed similarly. C. Each participant shall be assigned a number from one through six. These numbers are painted on the floor of the lineup room. Each participant shall stand on, and respond to, their assigned number. D. Participants are usually asked to make quarter turns to their right, stopping at the four points of the compass so that they present all profiles Page 2 of 4 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: LINEUPS NO: D-280 FILE: LINEUPS to the witness. E. The participants may be asked to repeat certain words or phrases used during the commission of the crime, or to try on a certain item of clothing, such as ajacket or hat.All try-ons should be conducted before the lineup begins to be sure the clothes or accessories fit properly. F. If any of the participants (or the defendant)do not understand English,all instructions at the lineup shall be given in both languages. Instruct all participants to wait for the full translation before following any instruction. G. The lineup shall be conducted by a member of the law enforcement agency requesting the lineup, or their designee. V. RIGHT TO COUNSEL AT LINEUP A. The defendant has a right to counsel at the lineup under California law, unless the defendant waives that right. B. Defense counsel is merely present at the lineup to silently observe and to later recall their observations for purposes of cross-examination or to act in the capacity of a witness. Any interference or disruption by an inmate's defense attorney will be cause for that attorney's arrest and/or removal from the facility. C. If the defense counsel will be delayed in arriving more than fifteen (15) minutes, the lineup will be terminated and rescheduled as per Fresno County Sheriffs Department policy. [Note: The lineup cannot proceed without defense counsel present. The prosecutors are required to wait a reasonable amount of time before beginning a lineup without counsel. Fifteen minutes is not sufficient time to proceed without defense counsel present.] VI. PROBLEMS THAT OCCUR AT LINEUPS A. Singling out individuals. Any action that takes place in the lineup room should be done equally by all participants. This includes trying on clothes, movement, and statements. B. Language. Persons who do not understand English may find it impossible to obey instructions in the lineup room. Also, if the lineup participants are to repeat certain words, then participants should be Page 3 of 4 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: LINEUPS NO: D-280 FILE: LINEUPS selected who are similar not only in appearance, but also in voice (e.g., although six people are similar looking, if the perpetrator of the crime had a New York accent, and only one of six lineup participants has a New York accent, it is not a fair lineup). C. Unusual physical characteristics. Unique problems arise when the inmate is at the extreme end of any characteristic(e.g., seven feet tall or 300 pounds). The attorneys should attempt to anticipate those problems and seek unique solutions (i.e., have all participants viewed in a sitting position, etc.). Similarly, when the inmate has an unusual scar or burn, missing digits or limbs, an unusual hair style, hypodermic marks or tattoos, special precautions must be taken to protect against a prejudicial or unfair lineup. One method is to conceal the unique item from the witness's view. Clothing, hats, tape and bandaids can be used to conceal most unique features. VI I. OUT OF CUSTODY LINEUPS A. Defendants who are not in the Sheriffs custody shall be pat-searched and placed in an area segregated from the inmates until directed into the lineup room. B. The defendant shall be provided with jail-issue clothing and an identification wristband similar to those worn by the inmates. C. Upon completion of the lineup, all inmate participants shall be strip searched prior to being returned to their housing units. Vill. DEFENSE (EVANS) LINEUPS An Evans lineup is conducted by court order. Defense counsel may request that the order include special instructions concerning the way the lineup is conducted. Page 4 of 4