A. Answering the 9–1–1/Emergency Call (Call-Taker/Dispatcher)
Principle: As the initial point of contact for the witness, the 9–1–1/emergency call-taker or dispatcher must obtain and disseminate, in a nonsuggestive manner, complete and accurate information from the caller. This information can include the description/identity of the perpetrator of a crime. The actions of the call-taker/dispatchercan affect the safety of those involved as well as the entire investigation.

Policy: The call-taker/dispatcher shall answer each call in a manner conducive to obtaining and disseminating accurate information regarding the crime and the description/identity of the perpetrator.

Procedure: During a 9–1–1/emergency call—after obtaining preliminary information and dispatching police— the call-taker/dispatcher should:

1. Assure the caller the police are on the way.
2. Ask open-ended questions (e.g., “What can you tell me about the car?”); augment with closed-ended questions (e.g., “What color was the car?”).
3. Avoid asking suggestive or leading questions (e.g., “Was the car
red?”).
4. Ask if anything else should be known about the incident.
5. Transmit information to responding officer(s).
6. Update officer(s) as more information comes in.

Section I. Initial Report of the Crime/First Responder (Preliminary Investigator)

Answering the 9–1–1/Emergency Call (Call-Taker/Dispatcher)

Summary: The information obtained from the witness is critical to the safety of those involved and may be important to the investigation. The manner in which facts are elicited from a caller can influence the accuracy of the information obtained.

Investigating the Scene (Preliminary Investigating Officer)

Principle: Preservation and documentation of the scene, including information from witnesses and physical evidence, are necessary for a thorough preliminary investigation. The methods used by the preliminary investigating officer have a direct impact on the amount and accuracy of the
information obtained throughout the investigation.

Policy: The preliminary investigating officer shall obtain, preserve, and use the maximum amount of accurate information from the scene.

Procedure: After securing the scene and attending to any victims and injured persons, the preliminary investigating officer should:

1. Identify the perpetrator(s).
a. Determine the location of the perpetrator(s).
b. Detain or arrest the perpetrator(s) if still present at the scene.
2. Determine/classify what crime or incident has occurred.
3. Broadcast an updated description of the incident, perpetrator(s),and/or vehicle(s).
4. Verify the identity of the witness(es).
5. Separate witnesses and instruct them to avoid discussing details of the incident with other witnesses.
6. Canvass the area for other witnesses.

Summary: The preliminary investigation at the scene forms a sound basis for the accurate collection of information and evidence during the follow up investigation.

Obtaining Information From the Witness(es)

Principle: The manner in which the preliminary investigating officer obtains information from a witness has a direct impact on the amount and accuracy of that information.

Policy: The preliminary investigating officer shall obtain and accurately document and preserve information from the witness(es).

Procedure: When interviewing a witness, the preliminary investigating officer should:

1. Establish rapport with the witness.
2. Inquire about the witness’ condition.
3. Use open-ended questions (e.g., “What can you tell me about the car?”); augment with closed-ended questions (e.g., “What color was the car?”). Avoid leading questions (e.g., “Was the car red?”).
4. Clarify the information received with the witness.
5. Document information obtained from the witness, including the witness’ identity, in a written report.
6. Encourage the witness to contact investigators with any further information.
7. Encourage the witness to avoid contact with the media or exposure to media accounts concerning the incident.
8. Instruct the witness to avoid discussing details of the incident with other potential witnesses.

Summary: Information obtained from the witness can corroborate other evidence (e.g., physical evidence, accounts provided by other witnesses) in the investigation. Therefore, it is important that this information be accurately documented in writing.















Section II. Mug Books and Composites
Preparing Mug Books
Note: “Mug books” (i.e., collections of photos of previouslyarrested persons) may be used in cases in which a suspect has not yet been determined and other reliable sources have been exhausted. This technique may provide investigative leads, but results should be evaluated with caution.

Principle: Non suggestive composition of a mug book may enable the witness to provide a lead in a case in which no suspect has been determined and other reliable sources have been exhausted.

Policy: The investigator/mug book preparer shall compose the mug book in such a manner that individual photos are not suggestive.

Procedure: In selecting photos to be preserved in a mug book, the preparer should:

1. Group photos by format (e.g., color or black and white; Polaroid, 35mm, or digital; video) to ensure that no photo unduly stands out.
2. Select photos of individuals that are uniform with regard to general physical characteristics (e.g., race, age, sex).
3. Consider grouping photos by specific crime (e.g., sexual assault, gang activity).
4. Ensure that positive identifying information exists for all individuals portrayed.
5. Ensure that photos are reasonably contemporary.
6. Ensure that only one photo of each individual is in the mug book.

Preparing Mug Books

Summary: Mug books must be objectively compiled to yield investigative leads that will be admissible in court.

Developing and Using Composite Images

Note: Composite images can be beneficial investigative tools; however, they should not be used as stand-alone evidence and may not rise to the level of probable cause
.
Principle: Composites provide a depiction that may be used to develop investigative leads.

Policy: The person preparing the composite shall select and employ the composite technique in such a manner that the witness’ description is reasonably depicted.


Procedure: The person preparing the composite should:

1. Assess the ability of the witness to provide a description of the perpetrator.
2. Select the procedure to be used from those available (e.g., identikit-type, artist, or computer-generated images).
3. Unless part of the procedure, avoid showing the witness any photos immediately prior to development of the composite.
4. Select an environment for conducting the procedure that minimizes distractions.
5. Conduct the procedure with each witness separately.
6. Determine with the witness whether the composite is a reasonable representation of the perpetrator.

Summary: The use of composite images can yield investigative leads in cases in which no suspect has been determined. Use of these procedures can facilitate obtaining from the witness a description that will enable the development of a reasonable likeness of the perpetrator.

Instructing the Witness

Principle: Instructions to the witness prior to conducting the procedure can facilitate the witness’ recollection of the perpetrator.

Policy: The investigator/person conducting the procedure shall provide instructions to the witness prior to conducting the procedure.

Procedure:

Mug Book: The investigator/person conducting the procedure should:

1. Instruct each witness without other persons present.
2. Describe the mug book to the witness only as a “collection of photographs.”
3. Instruct the witness that the person who committed the crime may or may not be present in the mug book.
4. Consider suggesting to the witness to think back to the event and his/her frame of mind at the time.
5. Instruct the witness to select a photograph if he/she can and to state how he/she knows the person if he/she can.
6. Assure the witness that regardless of whether he/she makes an identification, the police will continue to investigate the case.
7. Instruct the witness that the procedure requires the investigator to ask the witness to state, in his/her own words, how certain he/she is of any identification.

Instructing the Witness

Composite: The investigator/person conducting the procedure should:
1. Instruct each witness without other persons present.
2. Explain the type of composite technique to be used.
3. Explain to the witness how the composite will be used in the
investigation.
4. Instruct the witness to think back to the event and his/her frame of
mind at the time.

Summary: Providing instructions to the witness can improve his/her
comfort level and can result in information that may assist
the investigation.




Documenting the Procedure

Principle: Documentation of the procedure provides an accurate record of the results obtained from the witness.

Policy: The person conducting the procedure shall preserve the outcome of the procedure by accurately documenting the type of procedure(s) employed and the results.

Procedure: The person conducting the procedure should:
1. Document the procedure employed (e.g., identikit-type, mug book, artist, or computer-generated image) in writing.
2. Document the results of the procedure in writing, including
the witness’ own words regarding how certain he/she is of any identification.
3. Document items used and preserve composites generated.

Summary: Documentation of the procedure and its outcome improves the strength and credibility of the results obtained from the witness and can be an important factor in the investigation and any subsequent court proceedings.

Preinterview Preparations and Decisions

Principle: Preparing for an interview maximizes the effectiveness of witness participation and interviewer efficiency.

Policy: The investigator shall review all available witness and case information and arrange an efficient and effective interview.


Procedure: Prior to conducting the interview, the investigator should:
1. Review available information.
2. Plan to conduct the interview as soon as the witness is physically and emotionally capable.
3. Select an environment that minimizes distractions while maintaining the comfort level of the witness.
4. Ensure resources are available (e.g., notepad, tape recorder, camcorder, interview room).
5. Separate the witnesses.
6. Determine the nature of the witness’ prior law enforcement contact.

Summary: Performing the above preinterview preparations will enable the investigator to elicit a greater amount of accurate information during the interview, which may be critical to the investigation.







Section III. Procedures for Interviewing the Witness by the Followup Investigator

Initial (Preinterview) Contact With the Witness

Principle: A comfortable witness provides more information.

Policy: Investigators shall conduct themselves in a manner conducive to eliciting the most information from the witness.

Procedure: On meeting with the witness but prior to beginning the interview, the investigator should:
1. Develop rapport with the witness.
2. Inquire about the nature of the witness’ prior law enforcement contact related to the incident.
3. Volunteer no specific information about the suspect or case.

Summary: Establishing a cooperative relationship with the witness likely will result in an interview that yields a greater amount of accurate information.

Conducting the Interview

Principle: Interview techniques can facilitate witness memory and encourage communication both during and following the interview.

Policy: The investigator shall conduct a complete, efficient, and effective interview of the witness and encourage postinterview communication.

Procedure: During the interview, the investigator should:
1. Encourage the witness to volunteer information without prompting.
2. Encourage the witness to report all details, even if they seem trivial.
3. Ask open-ended questions (e.g., “What can you tell me about the car?”); augment with closed-ended, specific questions (e.g., “What color was the car?”).
4. Avoid leading questions (e.g., “Was the car red?”).
5. Caution the witness not to guess.
6. Ask the witness to mentally recreate the circumstances of the event (e.g., “Think about your feelings at the time”).
7. Encourage nonverbal communication (e.g., drawings, gestures, objects).
8. Avoid interrupting the witness.
9. Encourage the witness to contact investigators when additional information is recalled.
10. Instruct the witness to avoid discussing details of the incident with other potential witnesses.
11. Encourage the witness to avoid contact with the media or exposure to media accounts concerning the incident.
12. Thank the witness for his/her cooperation.

Summary: Information elicited from the witness during the interview may provide investigative leads and other essential facts. The above interview procedures will enable the witness to provide the most accurate, complete description of the event and encourage the witness to report later recollections. Witnesses commonly recall additional information after the interview that may be critical to the investigation.

Recording Witness Recollections

Principle: The record of the witness’ statements accurately and completely reflects all information obtained and preserves the integrity of this evidence.

Policy: The investigator shall provide complete and accurate documentation of all information obtained from the witness.

Procedure: During or as soon as reasonably possible after the
interview, the investigator should:
1. Document the witness’ statements (e.g., audio or video recording, stenographer’s documentation, witness’ written statement, written summary using witness’ own words).
2. Review written documentation; ask the witness if there is anything he/she wishes to change, add, or emphasize.
Summary: Complete and accurate documentation of the witness’ statement is essential to the integrity and success of the investigation and any subsequent court proceedings.

Assessing the Accuracy of Individual Elements of a Witness‘ Statement

Principle: Point-by-point consideration of a statement may enable judgment on which components of the statement are most accurate. This is necessary because each piece of information recalled by the witness may be remembered independently of other elements.

Policy: The investigator shall review the individual elements of the witness’ statement to determine the accuracy of each point.

Procedure: After conducting the interview, the investigator should:

1. Consider each individual component of the witness’ statement separately.
2. Review each element of the witness’ statement in the content of the entire statement. Look for inconsistencies within the statement.
3. Review each element of the statement in the context of evidence known to the investigator from other sources (e.g., other witnesses’ statements, physical evidence).

Summary: Point-by-point consideration of the accuracy of each element of a witness’ statement can assist in focusing the investigation. This technique avoids the common misconception that the accuracy of an individual element of a witness’ description predicts the accuracy of another element.

Maintaining Contact With the Witness

Principle: The witness may remember and provide additional information after the interview has concluded.

Policy: The investigator shall maintain open communication to allow the witness to provide additional information.

Procedure: During postinterview, followup contact with the witness,the investigator should:

1. Reestablish rapport with the witness.
2. Ask the witness if he/she has recalled any additional information.
3. Follow interviewing and documentation procedures in subsections
C, “Conducting the Interview,” and D, “Recording Witness Recollections.”
4. Provide no information from other sources.

Summary: Reestablishing contact and rapport with the witness often leads to recovery of additional information. Maintaining open communication channels with the witness throughout the investigation is critical.

Section IV. Field Identification Procedure (Showup)

Conducting Showups

Principle: When circumstances require the prompt display of a single suspect to a witness, the inherent suggestiveness of the encounter can be minimized through the use of procedural safeguards.

Policy: The investigator shall employ procedures that avoid
prejudicing the witness.

Procedure: When conducting a showup, the investigator should:

1. Determine and document, prior to the showup, a description of the perpetrator.
2. Consider transporting the witness to the location of the detained suspect to limit the legal impact of the suspect’s detention.
3. When multiple witnesses are involved:
a. Separate witnesses and instruct them to avoid discussing details of the incident with other witnesses.
b. If a positive identification is obtained from one witness, consider using other identification procedures (e.g., lineup, photo array) for remaining witnesses.
4. Caution the witness that the person he/she is looking at may or may not be the perpetrator.
5. Obtain and document a statement of certainty for both identifications and nonidentifications.

Summary: The use of a showup can provide investigative information at an early stage, but the inherent suggestiveness of a showup requires careful use of procedural safeguards.

B. Recording Showup Results

Principle: The record of the outcome of the field identification procedure accurately and completely reflects the identification results obtained from the witness.

Policy: When conducting a showup, the investigator shall preserve the outcome of the procedure by documenting any identification or nonidentification results obtained from the witness.






Procedure: When conducting a showup, the investigator should:
1. Document the time and location of the procedure.
2. Record both identification and nonidentification results in writing, including the witness’ own words regarding how certain he/she is.

Summary: Preparing a complete and accurate record of the outcome of the showup improves the strength and credibility of the identification or nonidentification results obtained from the witness and can be a critical document in the investigation and any subsequent court proceedings.

Section V. Procedures for Eyewitness Identification of Suspects
Composing Lineups

Principle: Fair composition of a lineup enables the witness to provide a more accurate identification or nonidentification.

Policy: The investigator shall compose the lineup in such a manner that the suspect does not unduly stand out.

Procedure:
Photo Lineup: In composing a photo lineup, the investigator should:

1. Include only one suspect in each identification procedure.
2. Select fillers who generally fit the witness’ description of the perpetrator. When there is a limited/inadequate description of the perpetrator provided by the witness, or when the description of the perpetrator differs significantly from the appearance of the suspect, fillers should resemble the suspect in significant features.
3. If multiple photos of the suspect are reasonably available to the investigator, select a photo that resembles the suspect description or appearance at the time of the incident.
4. Include a minimum of five fillers (nonsuspects) per identification procedure.
5. Consider that complete uniformity of features is not required. Avoid using fillers who so closely resemble the suspect that a
person familiar with the suspect might find it difficult to distinguish the suspect from the fillers.
6. Create a consistent appearance between the suspect and fillers with respect to any unique or unusual feature (e.g., scars, tattoos) used to describe the perpetrator by artificially adding or concealing that feature.
7. Consider placing suspects in different positions in each lineup, both across cases and with multiple witnesses in the same case. Position the suspect randomly in the lineup.
8. When showing a new suspect, avoid reusing fillers in lineupsshown to the same witness.
9. Ensure that no writings or information concerning previous arrest(s) will be visible to the witness.
10. View the spread, once completed, to ensure that the suspect does not unduly stand out.
11. Preserve the presentation order of the photo lineup. In addition, the photos themselves should be preserved in their original condition.

Live Lineup: In composing a live lineup, the investigator should:

1. Include only one suspect in each identification procedure.
2. Select fillers who generally fit the witness’ description of the perpetrator. When there is a limited/inadequate description of the perpetrator provided by the witness, or when the description of the perpetrator differs significantly from the appearance of the suspect, fillers should resemble the suspect in significant features.
3. Consider placing suspects in different positions in each lineup, both across cases and with multiple witnesses in the same case. Position the suspect randomly unless, where local practice allows, the suspect or the suspect’s attorney requests a particular position.
4. Include a minimum of four fillers (nonsuspects) per identification procedure.
5. When showing a new suspect, avoid reusing fillers in lineups shown to the same witness.
6. Consider that complete uniformity of features is not required. Avoid using fillers who so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers.
7. Create a consistent appearance between the suspect and fillers with respect to any unique or unusual feature (e.g., scars, tattoos) used to describe the perpetrator by artificially adding or concealing that feature.

Summary: The above procedures will result in a photo or live lineup in which the suspect does not unduly stand out. An identification obtained through a lineup composed in this manner may have stronger evidentiary value than one obtained without these procedures.

Instructing the Witness Prior toViewing a Lineup

Principle: Instructions given to the witness prior to viewing a lineup can facilitate an identification or nonidentification based on his/her own memory.

Policy: Prior to presenting a lineup, the investigator shall provide instructions to the witness to ensure the witness understands that the purpose of the identification procedure is to exculpate the innocent as well as to identify the actual perpetrator.

Procedure:

Photo Lineup: Prior to presenting a photo lineup, the investigator should:
1. Instruct the witness that he/she will be asked to view a set of
photographs.
2. Instruct the witness that it is just as important to clear innocent persons from suspicion as to identify guilty parties.
3. Instruct the witness that individuals depicted in lineup photos may not appear exactly as they did on the date of the incident because features such as head and facial hair are subject to change.
4. Instruct the witness that the person who committed the crime may or may not be in the set of photographs being presented.
5. Assure the witness that regardless of whether an identification is made, the police will continue to investigate the incident.
6. Instruct the witness that the procedure requires the investigator to ask the witness to state, in his/her own words, how certain he/she is of any identification.

Live Lineup: Prior to presenting a live lineup, the investigator should:
1. Instruct the witness that he/she will be asked to view a group of individuals.
2. Instruct the witness that it is just as important to clear innocent persons from suspicion as to identify guilty parties.
3. Instruct the witness that individuals present in the lineup may not appear exactly as they did on the date of the incident because features such as head and facial hair are subject to change.
4. Instruct the witness that the person who committed the crime may or may not be present in the group of individuals.
5. Assure the witness that regardless of whether an identification is made, the police will continue to investigate the incident.
6. Instruct the witness that the procedure requires the investigator to ask the witness to state, in his/her own words, how certain he/she is of any identification.

Summary: Instructions provided to the witness prior to presentation of a lineup will likely improve the accuracy and reliability of any identification obtained from the witness and can facilitate the elimination of innocent parties from the investigation
.
Conducting the Identification Procedure

Principle: The identification procedure should be conducted in a manner that promotes the reliability, fairness, and objectivity of the witness’ identification.

Policy: The investigator shall conduct the lineup in a manner conducive to obtaining accurate identification or nonidentification decisions.

Procedure:
Simultaneous
Photo Lineup: When presenting a simultaneous photo lineup, the investigator should:
1. Provide viewing instructions to the witness as outlined in subsection
B, “Instructing the Witness Prior to Viewing a Lineup.”
2. Confirm that the witness understands the nature of the lineup procedure.
3. Avoid saying anything to the witness that may influence the witness’ selection.
4. If an identification is made, avoid reporting to the witness any information regarding the individual he/she has selected prior to obtaining the witness’ statement of certainty.
5. Record any identification results and witness’ statement of certainty as outlined in subsection D, “Recording Identification Results.”

C. Conducting the Identification Procedure
6. Document in writing the photo lineup procedures, including:
a. Identification information and sources of all photos used.
b. Names of all persons present at the photo lineup.
c. Date and time of the identification procedure.
7. Instruct the witness not to discuss the identification procedure or
its results with other witnesses involved in the case and discourage contact with the media.

Sequential
Photo Lineup: When presenting a sequential photo lineup, the investigator should:
1. Provide viewing instructions to the witness as outlined in subsection
B, “Instructing the Witness Prior to Viewing a Lineup.”
2. Provide the following additional viewing instructions to the witness:
a. Individual photographs will be viewed one at a time.
b. The photos are in random order.
c. Take as much time as needed in making a decision about each photo before moving to the next one.
d. All photos will be shown, even if an identification is made; or the procedure will be stopped at the point of an identification (consistent with jurisdictional/departmental procedures).
3. Confirm that the witness understands the nature of the sequential procedure.
4. Present each photo to the witness separately, in a previously determined order, removing those previously shown.
5. Avoid saying anything to the witness that may influence the witness’ selection.

6. If an identification is made, avoid reporting to the witness any information regarding the individual he/she has selected prior to obtaining the witness’ statement of certainty.
7. Record any identification results and witness’ statement of certainty as outlined in subsection D, “Recording Identification Results.”
8. Document in writing the photo lineup procedures, including:
a. Identification information and sources of all photos used.
b. Names of all persons present at the photo lineup.
c. Date and time of the identification procedure.
9. Instruct the witness not to discuss the identification procedure or its results with other witnesses involved in the case and discourage contact with the media.

Simultaneous
Live Lineup: When presenting a simultaneous live lineup, the investigator/ lineup administrator should:
1. Provide viewing instructions to the witness as outlined in subsection
B, “Instructing the Witness Prior to Viewing a Lineup.”
2. Instruct all those present at the lineup not to suggest in any way the position or identity of the suspect in the lineup.
3. Ensure that any identification actions (e.g., speaking, moving) are performed by all members of the lineup.
4. Avoid saying anything to the witness that may influence the witness’ selection.5. If an identification is made, avoid reporting to the witness any information regarding the individual he/she has selected prio

Blog up and running

evan is blogging