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| Issue Date: | 23 September 1988 | Effective Date: | 24 September 1988 | ||||||
| Rescinds: | G88-18 | ||||||||
| Index Category: | Processing Persons | ||||||||
| I. | Purpose |
This directive presents the law related to identification of an arrestee by use of a lineup or photo spread. Department members will refer to the Special Order titled "Lineup Procedures" for procedures governing lineups and photo spreads.
| II. | Text of Relevant Section of the State Statute |
Text of 725 ILCS 5/107A-5. Lineup and Photo Spread Procedure
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A. "All lineups shall be photographed or otherwise recorded. These photographs shall be disclosed to the accused and his or her defense counsel during discovery proceedings as provided in Illinois Supreme Court Rules. All photographs of suspects shown to an eyewitness during the photo spread shall be disclosed to the accused and his or her defense counsel during discovery proceedings as provided in Illinois Supreme Court Rules. -
B. Each eyewitness who views a lineup or photo spread shall sign a form containing the following information: -
1. The suspect might not be in the lineup or photo spread and the eyewitness is not obligated to make an identification. -
2. The eyewitness should not assume that the person administering the lineup or photo spread knows which person is the suspect in the case.
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C. Suspects in a lineup or photo spread should not appear to be substantially different from "fillers" or "distracters" in the lineup or photo spread, based on the eyewitness' previous description of the perpetrator, or based on other factors that would draw attention to the suspect."
LeRoy Martin
Superintendent of Police
Superintendent of Police
87-114 DF(mmd)