Section 2698.24 - General Identification Procedure Requirements(a) An identification procedure shall occur as close in time to the commission of the crime as possible.(b) A live lineup shall only be conducted before criminal proceedings have been initiated against the suspect. If there is any question as to whether any criminal proceedings have been initiated, the investigating employee shall contact the appropriate prosecuting attorney before proceeding.(c) In cases involving multiple suspects, a separate identification procedure shall be conducted for each suspect. No more than one suspect, or photograph of a suspect, shall be present during an identification procedure. If an eyewitness is presented with identification procedures for multiple suspects, the lineup order, and the position of the suspect, or photograph of the suspect, shall be different for each identification procedure presented to that eyewitness.(d) The administrator shall complete the Eyewitness Identification Form described in Section 2698.26 of this article for each identification procedure, and shall record the following information on the form at the following times: (1) Prior to the start of the identification procedure:(A) The items of information described in Sections 2698.26(a)(1) through (a)(3);(B) Obtain a signature from the eyewitness indicating that the eyewitness understands the identification procedures and instructions.(2) After completion of the identification procedure, request the eyewitness to sign the results of the eyewitness identification.(e) If the eyewitness has not yet provided a description of the perpetrator, the administrator shall obtain, and document, the eyewitness's description of the perpetrator prior to the start of any identification procedure.(f)(1) All identification procedures shall be conducted using blind administration or blinded administration.(2) The following types of identification procedure shall only be conducted using blind administration: (A) Any live lineup as defined in Section 2698.23(k), or;(B) Any six-pack lineup as defined in Section 2698.23(n).(3) Where applicable, the administrator shall document in writing the reason that the identification procedure was not conducted using blind administration.(g) All identification procedures shall be composed so that the fillers generally match the suspect in appearance. In the case of a photographic lineup, the photograph of the suspect shall, to the greatest extent practicable, resemble the suspect's appearance at the time of the offense and not differ from the filler photographs in a way that would make the photograph of the suspect appear distinctive.(h) Prior to the start of any identification procedure, the administrator shall read the eyewitness the instructions set forth in Section 2698.26(b) and confirm that the eyewitness understands the instructions.(i) No writings or information regarding any of the people or photographs present during an identification procedure, including writings or information regarding the suspect or photographs of the suspect, shall be visible to the eyewitness during the identification procedure. This subdivision shall not prohibit sequential numeric identifiers from being assigned to each person or photograph present in an identification procedure.(j) Employees, or other persons present during an identification procedure, shall not, in any way, influence an eyewitness as to whether or not any person or photograph presented during an identification procedure is in any way connected to a case. Specifically, an employee shall not indicate or communicate to any eyewitness: (1) That a person present in a lineup, or whose photograph appears in a lineup, was apprehended near the crime scene;(2) That evidence suggests that a person present in a lineup, or whose photograph appears in a lineup, is the perpetrator of the crime;(3) That the administrator, or other employees or law enforcement professionals, believe that a person present in a lineup, or whose photograph appears in a lineup, committed the crime;(4) That the suspect is, or is not, present in a lineup;(5) That other eyewitnesses have identified, or failed to identify, a person present in a lineup, or whose photograph appears in a lineup, as the perpetrator of the crime; or(6) Any verbal or nonverbal information regarding the identity of the suspect.(k) The administrator shall document in writing all persons present at any time during an identification procedure.(l) If an eyewitness identifies a person the eyewitness believes to be the perpetrator, or indicates that a photograph is of a person the eyewitness believes to be the perpetrator, the administrator shall:(1) Immediately inquire as to the eyewitness's confidence level in the accuracy of the identification and record in writing, verbatim, what the eyewitness says.(2) Not disclose any information concerning the identified person prior to obtaining the eyewitness's statement of confidence level and documenting the exact words of the eyewitness. This requirement also applies to any employees or persons in addition to the administrator who might be present during the identification procedure.(3) Not validate or invalidate the eyewitness' identification, or otherwise discuss the person or photograph identified by the eyewitness. This requirement also applies to any employees or persons in addition to the administrator who might be present during the identification procedure.(m) A separate identification procedure shall be conducted for each eyewitness and no more than one eyewitness shall be present during an identification procedure. The order of the suspect and the fillers shall be randomized anew before being presented to each successive eyewitness. Notwithstanding the immediately preceding sentence, a six-pack lineup may be presented to multiple eyewitnesses with the photographs in the same order.(n) An electronic recording shall be made that includes both audio and visual representations of each identification procedure in its entirety. Notwithstanding the preceding sentence, when the administrator determines that it is not feasible to make a recording with both audio and visual representations, audio recording may be used. When audio recording without video recording is used, the administrator shall state in writing the reason that video recording was not feasible.Cal. Code Regs. Tit. 10, § 2698.24
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.
1. New section filed 5-28-2021; operative 7/1/2021 (Register 2021, No. 22).