P.R. Laws Ap. tit. 34A, § 1–A, Rule 6.7
When the court authorized the holding of a lineup for the purposes of identifying a minor, the following norms shall be observed:
(a) Legal counsel.— If at the time of the lineup, the Prosecutor has already filed the complaint in behalf of the minor, the latter will have the right to have his legal counsel present while the same is being conducted.
In such case, the attorney shall be notified with reasonable time in advance of the date of the lineup. If it is an indigent person or if his attorney does not appear, he shall be provided with legal assistance to such effect.
The minor may waive his right to be represented by counsel during the lineup, provided it is done in writing and signed by the minor and by his parents or guardians.
(b) Participation of the counsel of the minor in the lineup.— In the participation of the counsel of the minor in the act of the lineup the following rules shall be observed:
(1) The counsel shall be allowed to watch the complete lineup process.
(2) Any conversation among witnesses and the Police during the celebration of the lineup shall be listened to by counsel.
(3) Questioning of witnesses shall not be permitted during the lineup.
(4) Counsel may point out the violation of any of these rules to the official in charge of the lineup. If said official understands that said violation is occurring, it shall be corrected thereby.
(c) Composition of lineup.— The lineup shall be composed of not less than four (4) persons besides the suspected minor. It shall be subject to the following conditions:
(1) Parties included in the lineup shall have features similar to those of the suspected minor regarding age, sex, color, race and, inasmuch as possible, height, weight and attire shall be related to the minor’s.
(2) In no case should there be more than one suspected minor included in the lineup.
(3) Visible indications which ostensibly point out to the minor included in the lineup as the suspect or detained shall not be permitted.
(d) Lineup procedure.— In the lineup proceedings the following rules shall be observed:
(1) Witnesses shall not be permitted to see either the suspected minor or the rest of the participants prior to the lining up.
(2) No information about the persons participating in the lineup shall be supplied.
(3) If two (2) or more witnesses were to participate as identifiers, communication between them during the identification procedure shall not be permitted and each one shall make the identification separately.
(4) The witness shall observe the lineup and, with minimal participation of peace agents or officers, shall identify in a positive manner the perpetrator of the offense, if present therein.
(5) If the suspected minor is required to say any phrase, make a bodily move or wear a particular attire, the rest of the participants shall be likewise required to say, act or dress.
(6) In no case, either expressed or otherwise, shall any suggestion be made to the witness regarding the person he should identify.
(e) Record of proceedings.— In every proceeding pursuant to this rule minutes shall be taken by the person in charge of the lineup. The minutes shall include the name of all participants, the name of all people present, and a summary of the procedure observed. Moreover, a photograph should be taken of the lineup, as it was presented to the witnesses, as many times as required for clarity thereof. The minutes, photos and their negatives shall become part of the record of the Prosecutor and shall be subjected to the provisions of §§ 2201 et seq. of this title and of these rules.
History —June 19, 1987, No. 33, p. 105.