P.R. Laws Ap. tit. 34A, § II, Rule 252.2
(a) Peace officers may use photographs to identify the possible perpetrator of a criminal act only in the following circumstances:
(1) When for reasons beyond the control of the peace officers it is not possible or necessary to carry out a lineup.
(2) When there is no suspect of the criminal act.
(3) When there being a suspect, he refuses to take part in the lineup, or his action or absence prevents that it be carried out properly.
(b) The use of photographs as a means of identification shall be governed by the following rules:
(1) The witness shall be shown at least nine (9) photographs, including the suspect’s, and they shall portray, in addition to the suspect, persons with features similar to his.
(2) If two (2) or more witnesses are to make an identification through photographs, each one shall do it separately.
(3) In no case shall there be suggested to the witness the person he shall select by the way of conducting the proceedings, by marks on the photographs, or otherwise.
(4) Once the identification through photographs is over, if the witness should identify the perpetrator of the criminal acts, a record, briefly summarizing the proceedings followed, shall be drawn up, and the photographs used shall be identified so that it may subsequently be established which were the photographs shown to the witness.
History —Added on July 23, 1974, No. 199, Part 2, p. 82, § 1, eff. 60 days after July 23, 1974.