Metropolitan Police Department Washington D.C.

Subject: Pretrial Eyewitness Identification

Series Number Change 304 07 Effective Date December 01, 1971 Revision Date November 25, 1974

The purpose of this order is to establish procedures to promote the reliability of eyewitness identifications by eliminating suggestive behavior and, core generally, to increase effectiveness in bringing investigations to a successful conclusion. This order consists of the following parts:

Part I Responsibilities and Procedures for Members of the Department

PART II Responsibilities and Procedures for Supervisory and Command Personnel

PART I

A. Return of Suspect to the Scene of the Crime for Identification.

1. If a suspect is arrested within 60 minutes of an alleged offense and within an area reasonably proximate to the scene of the cries, he shall be returned to the scene of the offense or the eyewitnesses shall be transported to the scene of the arrest for identification of the suspect.

2. Even if the suspect has a weapon or tools similar to that used in the commission of the alleged of fence or proceed. similar to those taken in the alleged offense, police officers shall return the suspect to the scene for identification purposes. For example: There is a lookout for a robbery-holdup that has just occurred. One suspect was arced with a chrome-plated, .22 caliber pistol. Twenty minutes later and five blocks from the scene, an arrest is made of the holdup can who is found to be arced with a chrome-plated .22 caliber pistol. Be shall be returned to the scene of the holdup or the witnesses shall be transported to the scene of the arrest for identification of the suspect.

Publication	Effective Date	Page Number
General Order 304.07	November 25, 1974	2 of 9

3. When a suspect thought to have been injured while perpetrating a cries appears at a hospital or other place for treatment within 60 minutes of the offense, the eyewitnesses shall be taken to the hospital to cake an identification. If an injured suspect appears for treatment later than 60 minutes after the offense and is not in critical condition, the eyewitnesses shall not be permitted to view the suspect, but can view the suspect’s photograph as provided in part I, paragraph H of this order.

B. Second sightings.

1. The 60 minute rule may also apply when a witness or complainant observes the perpetrator of a crime for a second time, after the commission of the crime Member's are allowed up to 60 minutes free the time of this second sighting in which to return suspect’s to the witnesses location or to transport the witness to the suspect’s location, for identification.

Example: The complaining witness was robbed and threatened with a knife. The witness gave the police a detailed description, but no arrest was cad. at the time of the offense. About 2 weeks later the witness observed the assailant walking down a street. The witness immediately stopped a passing police vehicle and the officer’s broadcast a lookout for the subject. The suspect was apprehended, transported to the witnesses location, and positively identified as the assailant within 60 minutes from the time of the second sighting.

2. Member's shall initiate a flash lookout as a part of the second sighting identification procedure, when necessary.

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General Order 304.07	November 25, 1974	3 of 9

C. Critical Condition Viewings.

If a suspect is admitted to a hospital in critical condition later than 60 minutes after the offence, eyewitnesses cay be taken to the hospital to make an identification. In those cases where the victim of an assault is admitted to the. hospital in critical condition, a suspect later arrested may be taken to the hospital for identification by the victim regardless of the tine lapse between the offense and the arrest. For example: The victim of a robbery has been shot and is not expected to live. An arrest is made 2 hours later several miles from the scene of the shooting.

The suspect can be taken to the bedside of the victim for identification if the victim is still in critical condition since the victim may die before a court-ordered lineup could be arranged.

D. Viewing at Police Facilities.

Regardless of the time of arrest, there shall be no identifications or lineup. conducted at police facilities without the specific authorization of the United States Attorney’s Office. For example:

Officers investigating a Burglary I have broadcast a lookout and have requested the complainant to accompany then to the district station to view photographs of suspects suspected of other burglaries in the neighborhood. While at the station an arrest is made by another unit one—half hour after the offense was committed and only three blocks from the scene. There should be no identifications made at the station. The complainant should be driven either to the scene of the arrest or to the scene of the burglary to make an identification.

E. Presenting Suspect for Identification.

1. When presenting a suspect to the eyewitness for identification, police officers shall remain as neutral as possible consistent with their maintenance of custody and control over the suspect.

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General Order 304.07	November 25, 1974	4 of 9

2. Police officers shall neither say nor do anything which will convey to the witness that the suspect has admitted his guilt, that property similar to that stolen has been recovered, that weapons similar to those used have been seized, or that the officer believe, the suspect is guilty. For example: Do not tell the witness, “he’s given us a full confession but we still want your identification.” Do not display the proceeds of the crime by holding up the stolen wallet and saying, ‘He had your wallet but we haven’t found your pocketbook yet.”

3. When a suspect is returned to the scene of a crime for identification or when eyewitnesses are taken to the scene of the arrest, all witnesses shall view the suspect. To the extent practicable, each witness shall view the suspect independently, out of the immediate presence of the other witnesses. For example: There has been a holdup of a liquor store and the suspect was arrested a short distance away. When the suspect is transported back to the scene he should not be taken into the store area where the witnesses are gathered. Instead, each witness should be taken separately to the front of the store where the suspect is standing.

4. This order does not bar the accepted police procedure of transporting victims and eyewitnesses in police vehicles and cruising an area in which a crime has occurred in order to point out the perpetrator of the offense.

5. When an arrest is made of a subject which is based in part on the description of distinctive clothing, the arresting officer shall request the Identification Branch, Central Record. Division, to take a color photograph of the prisoner. Transporting officers shall be alert to the possibility of prisoners exchanging clothing with other prisoner. or discarding clothing prior to their being photographed at the Identification Branch. In appropriate cases, such clothing may also be seized as evidence in the case.

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General Order 304.07	November 25, 1974	5 of 9

F. Spontaneous Remarks.

It is extremely important that the officer take written notes of any statements made by each witness viewing the suspect. In presenting a suspect, victim or eyewitness, police officers shall be alert for spontaneous exclamations or excited utterances or other reactions by the witness since an officer can testify to these events in court and such testimony cay enhance a subsequent in—court Identification. These statements should be incorporated, in the statement of facts of the case. For example:. Upon viewing the suspect, the victim of a rape exclaims, “That’s him. See the scar on his neck.” This statement should be recorded verbatim on the statement of facts.

G. PD Form 76 (Stop or Contact Report).

Before any suspect is released for lack of witness identification, the circumstances of the incident, including the person’s name and address, shall be recorded by completing and filing PD Form 76.

H. Use of Photographs for Identification Purposes.

1. The use of photographs for identification purposes prior to an arrest is permissible provided the suspect’s photograph is grouped with at least eight other photographs of the same general description. When presenting photographs or a photograph book to a witness for identification purposes, police officers shall remain neutral. Care shall be taken to see that the witness does not have access to any index of names before making an identification.

2. Adequate records of the photographs shown to each witness must be kept so that the exact group of photographs from which an identification was made can be presented in court at a later date to counteract any claim of undue suggestion and enhance the reliability of the in—court identification. This information, as well as any spontaneous remarks of the witness, shall be recorded in the statement of facts of the case. Any name index of photographs shall be kept it such a way as to be unavailable to persons called to make identification until after the photograph has been identified.

3. Each witness shall view the photographs independently, out of the immediate presence of the other witnesses.

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General Order 304.07	November 25, 1974	6 of 9

4. When an arrest is made following a photographic identification, the officer handling the case in court shall request an Assistant United States Attorney to obtain a court order to require the defendant to appear it a lineup.

I. Court—Ordered Lineups.

1. Officers are reminded that the court may issue two types of lineup.:

a. Wade Order — when a subject is involved in on. particular offense at one location.

b. Allen or Adams Order — when the subject is suspected of being involved in more than one particular offense and not necessarily at the same location but with similar modus operandi.

2. it is the officers responsibility to make sure he obtains the proper order.

3. Officers bringing cases before the courts for presentation shall discuss all aspects of the case with the Assistant United States Attorney or Corporation Counsel concerning identification. It should be determined at the first appearance in court if a lineup is appropriate in the case. At this time, the names of all witnesses and complainants involved in the case shall be given to the court.

4. When a suspect arrested in one case is thought to be responsible for other unsolved crimes of a similar nature and involving the same modus operandi, the officer handling the unsolved criminal case shall request an Assistant United States Attorney to obtain a court order (Allen or Adams type order) to require this suspect to stand in a lineup to be viewed by witnesses in these unsolved criminal cases. The officer shall not permit the witnesses of the unsolved case to attempt to make an identification by attending the suspect’s arraignment or preliminary hearing in court. Officers, when requesting the above type orders (Allen or Adams), shall bring with them and present to the Assistant United States Attorney all available police reports of the cases in which they wish to have the suspects viewed.

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General Order 304.07	November 25, 1974	7 of 9

They shall supply to the Assistant United States Attorney all names of witnesses in these cases and the times, dates, and locations of offenses.

5. The officer handling the case shall execute a summons (PD Form 30) for each witness who will attend the lineup. The officer shall note on the summons his own name, the type of offense, the location of the offense, the date of the offense, the date and time of the lineup, and the location of the lineup. The witnesses shall be directed to bring the summons with them when attending the lineup. On the date of the lineup. the officer handling the case in court shall contact the detective sergeant in the Major Violators Branch, Lineup Section, prior to 1600 hours and provide him with all requested information concerning the case, including the names of witnesses who will appear and the names of the suspects which the witnesses are to view.

6. Court—ordered lineups will be held in the Criminal Investigations Division Lineup Room, Room 3106, located on the third floor of police Headquarters. The officer handling the case in court shall be present and shall be responsible for having the witnesses present for all court—ordered lineups.

7. Lineups for adult Negro males are held every Tuesday, Wednesday and Thursday evening. The officer handling the case in court shall report to the Lineup Room (Room 3106) 1 hour prior to the reporting tine of court ordered witnesses. Upon reporting the officer shell prepare PD Form 140 (Court Attendance Slip). All officers and witnesses required to appear at a special lineup will be directed by summons to report at a time specified by an Assistant United States attorney.

8. in those cases where a lineup is appropriate for a juvenile, the officer handling the case in court shall contact the Corporation Counsel’s Office Family Division, for an appropriate tine and date. He shall also contact the Youth Division to arrange, to have a member of that unit present during the lineup.

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General Order 304.07	November 25, 1974	8 of 9

9. Lineups for all other suspects shall be specially scheduled through the Lineup Unit, Major Violators Section. The officer handling the case in court shall contact that unit to establish a date and tine for such a lineup. The witness’s summons shall reflect the time and date agreed upon. Special lineup, will be conducted during the 0500 to 1600 hour tour of duty in the Criminal investigations Division Lineup Room. Special lineup. are for all white males, all females, any other subject who, because of en outstanding feature, could sot be placed in a regular lineup on Tuesday, Wednesday, or Thursday evenings. Some outstanding features would be excessive height, weight, age, or any feature which would tend to create a partial lineup.

10. The officer requesting this special lineup shall give all the pertinent information as to the subject to be viewed including name, sex, color, race, height, weight, and any outstanding features this subject may have. This information enables the Lineup Unit to create a fair and impartial lineup for this subject to stand in.

11. All information concerning lineup. and special lineups can be obtained from the Lineup Unit. Major Violators Section.

12. Counsel for a suspect appearing in a lineup will not be given the names of the witnesses who will view the lineup in th. case involving his client, nor will any prior description of the suspect given to the police be made available to him by police officers.

13. Witnesses shall view the lineup one at a time. If sore than one witness to a particular crime is present, each shall view the lineup separately and independently. Witnesses should not converse or otherwise communicate with the other witnesses after viewing the lineup until the last witness in the case ha. viewed the lineup.

I. United States Attorney.

The United States Attorney’s Office shall be responsible for notifying the defendants, the defense counsel, and for having en Assistant United States Attorney present at all court—ordered lineups.

Publication	Effective Date	Page Number
General Order 304.07	November 25, 1974	9 of 9

PART II

A. Notification of Defense Counsel.

The supervisor, Lineup Unit, Major Violators Section, shell inform the counsel for a suspect appearing in a lineup of the date, time, place, and nature of the offense prior to the beginning of the lineup.

B. Instructions Regarding Lineups.

Prior to the beginning of the lineup, the official in charge will instruct all witnesses, police officers, and def ease counsels as to the procedure of the lineups end the responsibilities of all parties.