Chicago Police DepartmentSpecial Order S06-02
Live Lineups, Photo Lineups, and Showups
Issue Date:31 December 2015Effective Date:01 January 2016
Rescinds:06 February 2015 Version
Index Category:Processing Persons
I.Purpose
This directive:
  • A.prescribes the procedures to be followed when identification of an arrestee is to be sought by use of a live lineup, photo lineup, or showup.
  • B.discontinues the use of the Lineup/Photospread Advisory form [CPD-11.900 (11/03)] in English and Spanish.
  • C.continues the use of the Photo/Live Lineup Advisory Form [CPD-11.900 (Rev. 2/15)] in English, Spanish, and Polish.
  • D.updates certain terms relative to the Investigatory Stop System.
II.Live Lineups
  • A.The United States Supreme Court has ruled that the police may require a suspect to participate in a lineup; that the suspect may be required to speak the exact words used in the commission of an offense; and that the suspect may be required to don certain clothing.
  • B.In Kirby v. Illinois, 92 S. Ct. 1877 (1972), the Court concluded that a suspect is not entitled to counsel during lineup procedures held prior to the initiation of any adversary criminal proceeding, whether by way of formal charge, preliminary hearing, indictment or arraignment. However, if the suspect's attorney is present at the location where the lineup is to be conducted, and in the opinion of the supervisor the attorney would not impede, either tacitly or overtly, the impartial objectives of the lineup, the attorney may be allowed as an observer.
  • C.In Rothgery v. Gillespie, 554 U.S. 191 (2008), the Court concluded that once a subject appears before a judge or magistrate, on the charge for which he was arrested, the 6th Amendment right to counsel attaches and the subject is entitled to have an attorney present during a lineup. The 6th Amendment right to an attorney applies to probable cause determinations as well as appearances before a judge or magistrate in another jurisdiction, such as extradition proceedings.
    NOTE:
    If the 6th amendment right to counsel has attached, the suspect's attorney will be notified of the lineup and provided the opportunity to observe.
  • D.Department members administering a lineup will avoid multiple identification procedures in which the same witness will view the same suspect more than one time.
  • E.Illinois statute 725 ILCS 5/107A-2 regulates lineup procedures. Failure to follow the below procedures for live lineups and photo lineups will result in a challenge to the admissibility of the lineup and the likely exclusion of the identification at court.
  • F.Creating a Live Lineup
    • 1.There shall be only one suspect per lineup.
    • 2.When practical, the lineup will consist of at least six individuals, one suspect, and five "fillers," but in no event shall there be less than 3 fillers.
      NOTE:
      Documented supervisory approval must be obtained before conducting a lineup with less than five fillers.
    • 3.Suspects in a lineup should not appear to be substantially different from fillers based on the eyewitness's previous description of the perpetrator or based on other factors that would draw attention to the suspect. For example, fillers should be the same race, sex, approximate height, weight, age, and physical appearance and be similarly clothed.
    • 4.Avoid the use of 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.
    • 5.If the witness has previously viewed a photo lineup or live lineup in connection with a different suspect in the same offense, the fillers shall be different from those used in the previous photo lineup or live lineup.
    • 6.If there are multiple witnesses, to the extent possible, the suspect shall be placed in a different position in the lineup for each witness.
    • 7.When feasible, community members can be used as fillers in lineups.
    • 8.Police officers will be used in a lineup only as a last resort.
  • G.Preparations for the Lineup
    • 1.All lineups will be conducted by an "independent administrator", unless it is not practical.
      • a.An "independent administrator" means a lineup administrator who is not participating in the investigation of the criminal offense and is unaware of which person in the lineup is the suspect.
        • (1)For live lineups, the independent administrator will be a detective not directly participating in the investigation.
        • (2)For photo lineups, or for any lineup where a detective is not present, the independent administrator will be a supervisory officer of the assigned unit wherein the lineup or photo lineup is conducted.
      • b.Documented supervisory approval must be obtained before conducting a lineup without an independent administrator.
      • c.If an independent administrator is not used, then a procedure must be used that prevents the lineup administrator from knowing the identity of the suspect or seeing or knowing the individuals being presented until after the procedure is completed.
    • 2.Prior to the lineup, each witness shall be presented the Photo/Live Lineup Advisory Form (CPD-11.900) for signature. The form shall be presented to each witness without other witnesses present. The independent administrator shall:
      • a.ensure the witness understands the "instructions to witness" section of the form.
      • b.ensure the witness signs the "instructions to witness" section of the form. If the witness refuses to sign, note the refusal of the witness to sign the form by writing "REFUSED" in the area for the witness' signature, and signing the form themself.
      • c.ensure the witness circles whether they consent or do not consent to being audio and/or video recorded and then signs on the lines in the "audio/video" section of the form. If the witness refuses to sign, circle the appropriate phrase(s), depending on whether they consent to being audio and/or video recorded, and write "REFUSED" in the area for the witness' signature(s) and signing the form themself.
      NOTE:
      Members will ensure that Special Order S02-01-05, "Limited English Proficiency", is followed as appropriate.
    • 3.No suspect or filler should be seen by the witness prior to the lineup.
    • 4.Lineups should not be conducted in district lockups unless circumstances exist which preclude the use of another area (uncontrollable arrestee, lack of adequate space elsewhere in the facility).
    • 5.Any previous arrests of any person or the fact that any person in the lineup has been arrested as a suspect will not be mentioned to victims or witnesses. Suspects will not be asked addresses of residence during viewing by victims and/or witnesses. No suspect will be handcuffed during the lineup unless all subjects are handcuffed.
  • H.Conducting the lineup
    • 1.The suspect and the fillers in the live lineup shall be presented simultaneously to the witness.
    • 2.When practical, the lineup administrator shall separate all eyewitnesses. The lineup administrator shall ensure that all eyewitnesses do not confer with one another before, during, or after the lineup.
    • 3.There shall not be anyone present during a lineup who knows the suspect's identity, except the witness, and the suspect's counsel if applicable.
      EXCEPTION:
      If an independent administrator is not used as in Item II-G-1-c of this directive, then the lineup administrator may, if necessary, know the suspect's identity.
    • 4.Each witness shall perform the identification procedures without any other witness present.
    • 5.If the suspect and fillers are required to speak a word or phrase, then all suspects and fillers will individually speak that phrase even if the witness identifies a suspect prior to completion.
    • 6.If practical, and if the witness has not refused, the area where the lineup is conducted will be audio and video recorded to document the lineup, the eyewitness, and all statements made by the eyewitness.
    • 7.The lineup shall be photographed, whether or not a positive identification is made.
    • 8.The photographer and/or videographer shall ensure the photos and/or audio/video recordings are documented in e-Track on a Crime Scene Processing Report (CSPR), and are maintained consistent with existing directives.
      NOTE:
      If the investigating detective desires copies of the photographs or audio/video recordings for use in an ongoing investigation, the detective will prepare a Request for Crime Scene/Evidence Photographs [CPD-33.713] and forward it to the Forensic Services Division - Photography Section.
    • 9.Nothing shall be communicated to the witness regarding the suspected perpetrator's position in the lineup or regarding anything that may influence the witness's identification.
    • 10.No writings or information concerning any previous arrest, indictment or conviction of the suspect shall be visible or made known to the witness.
    • 11.Any identifying actions, such as speech, gestures, or other movements, shall be performed by all lineup participants.
    • 12.Department members will not comment on the outcomes of the procedures in any way in the presence of the witness.
    • 13.If the witness identifies a person as the suspect, the witness shall not be provided any information concerning the person until after the lineup is completed.
III.Photo Lineups
  • A.Creating a Photo Lineup
    • 1.There shall be only one suspect per lineup.
    • 2.The photo lineup will consist of a minimum of six (6) photographs, using a minimum of five (5) filler photos together with one (1) suspect. The photos will be uniquely numbered.
    • 3.The photo lineup will contain contemporary photographs of individuals. The suspect should not appear substantially different from fillers based on the witness's previous description of the perpetrator or based on other factors that would draw attention to the suspect. For example, fillers should be the same race, sex, approximate height, weight, age and physical appearance and be similarly clothed.
      NOTE:
      Do not mix color and black and white photographs or mug shots with other types of photos and use photos of the same size and basic composition.
    • 4.Any portion of the photos that provide identifying information on the subject will be covered, and other photos used in the spread will be similarly covered.
    • 5.Avoid the use of 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.If the witness has previously viewed a photo lineup or live lineup in connection with a different suspect in the same offense, the fillers shall be different from those used in the previous photo lineup or live lineup.
    • 7.If there are multiple witnesses, to the extent possible, the suspect shall be placed in a different position in the lineup for each witness.
  • B.Preparations for the Photo Lineup
    • 1.All lineups will be conducted by an "independent administrator", unless it is not practical.
      • a.An "independent administrator" means a lineup administrator who is not participating in the investigation of the criminal offense and is unaware of which person in the lineup is the suspect.
        • (1)The independent administrator will be a detective not directly participating in the offense.
        • (2)For any lineup where a detective is not present, the independent administrator will be a supervisory officer of the assigned unit wherein the lineup or photo lineup is conducted.
      • b.Documented supervisory approval must be obtained before conducting a lineup without an independent administrator.
      • c.If an independent administrator is not used, then a procedure must be used that prevents the lineup administrator from knowing the identity of the suspect or seeing or knowing the individuals being presented until after the procedure is completed. Such procedures include:
        • (1)an automated computer program or other device that can automatically display a simultaneous photo lineup to a witness in a manner that prevents the lineup administrator from seeing which photographs the witness is viewing until after the procedure is complete.
        • (2)a procedure in which photographs are placed in folders, randomly numbered, and shuffled and then presented simultaneously to a witness such that the lineup administrator cannot see or know which photographs are being presented to the witness until after the procedure is completed.
    • 2.Prior to the photo lineup, each witness shall be presented the Photo/Live Lineup Advisory Form (CPD-11.900) for signature. The form shall be presented to each witness without other witnesses present. The independent administrator shall:
      • a.ensure the witness understands the "instructions to witness" section of the form.
      • b.ensure the witness signs the "instructions to witness" section of the form. If the witness refuses to sign, note the refusal of the witness to sign the form by writing "REFUSED" in the area for the witness' signature, and signing the form themself.
      • c.ensure the witness circles whether they consent or do not consent to being audio and/or video recorded and then signs on the lines in the "audio/video" section of the form. If the witness refuses to sign, circle the appropriate phrase(s), depending on whether they consent to being audio and/or video recorded, and write "REFUSED" in the area for the witness' signature(s) and signing the form themself.
      NOTE:
      Members will ensure that Special Order entitled," Limited English Proficiency", is followed as appropriate.
    • 3.No suspect or filler should be seen by the witness prior to the lineup.
    • 4.Any previous arrests of any person or the fact that any person in the lineup has been arrested as a suspect will not be mentioned to victims or witnesses.
  • C.Conducting the Photo Lineup
    • 1.The lineup administrator will present the photos in the lineup simultaneously to the witness, ensuring Item III-B-1 of this directive is strictly followed.
    • 2.When practical, the lineup administrator shall separate all eyewitnesses. The lineup administrator shall ensure that all eyewitnesses do not confer with one another before during, or after the lineup.
    • 3.There shall not be anyone present during a lineup who knows the suspect's identity, except the witness, and the suspect's counsel if applicable.
      EXCEPTION:
      If an independent administrator is not used as in Item III-B-1 of this directive, then the lineup administrator may, if necessary, know the suspect's identity.
    • 4.Each witness shall perform the identification procedures without any other witness present.
    • 5.If practical, and if the witness has not refused, the area where the lineup is conducted will be audio and video recorded to document the lineup, the eyewitness, and all statements made by the eyewitness.
    • 6.The photographer and/or videographer shall ensure the photos and/or audio/video recordings are documented in e-Track on a Crime Scene Processing Report (CSPR), and are maintained consistent with existing directives.
      NOTE:
      If the investigating detective desires copies of the photographs or audio/video recordings for use in an ongoing investigation, the detective will prepare a Request for Crime Scene/Evidence Photographs (CPD-33.713) and forward it to the Forensic Services Division - Photography Section.
    • 7.All photographs used in a photo spread shall be inventoried, whether or not a positive identification is made.
    • 8.Nothing shall be communicated to the witness regarding the suspected perpetrator's position in the lineup or regarding anything that may influence the witness's identification.
    • 9.No writings or information concerning any previous arrest, indictment or conviction of the suspect shall be visible or made known to the witness.
    • 10.Department members will not comment on the outcomes of the procedures in any way in the presence of the witness.
    • 11.If the witness identifies a person as the suspect, the witness shall not be provided any information concerning the person until after the lineup is completed.
IV.Documentation Required For All Live Lineups And Photo Lineups
  • A.When a live lineup or photo lineup is shown, a Supplementary Report (CPD-11.411-A or B as appropriate) will be completed. In no case will a live lineup or photo lineup be conducted without a Supplementary Report being completed.
  • B.The Supplementary Report will be completed by the lineup administrator and shall include the following:
    • 1.the date, time and location of the lineup.
    • 2.the name, rank, star number and unit of assignment of the lineup administrator.
    • 3.the name and address of each person viewing the live lineup or photo lineup.
    • 4.all available information concerning each person participating in the lineup or photo lineup, e.g., name, sex, race, age, height, weight, Central Booking (CB) and/or Identification Record (IR) numbers, etc.
    • 5.the name and address of any person present during the live lineup or photo lineup (other than the administrator, the witness, the suspect and the fillers).
    • 6.whether it was a live lineup, or a photo lineup.
    • 7.the sources of all individuals or photographs used in the lineup.
    • 8.whether or not an identification was made and the name(s) of any person(s) identified in the lineup or photo array.
    • 9.any statements made by the witness during the lineup as to the suspect's identify.
    • 10.that the photographs and/or audio/video recording of the lineup required by this directive were taken and the name rank and star of the person taking the photographs or audio/video recording, and for a photo lineup, the CHRIS photo array number and the name, rank and star of the person inventorying the photo lineup.
    • 11.the inventory numbers of the Photo/Live Lineup Advisory Form(s) (CPD-11.900), and the photograph(s).
    • 12.if applicable, the witness's refusal to be recorded, or refusal to sign anywhere in the Photo/Live Lineup Advisory Form(s) (CPD-11.900).
    • 13.any reasons why the requirements of this directive were not strictly followed.
    • 14.any comments made by counsel for the arrestee.
    • 15.any additional information or unusual circumstances occurring during the lineup (e.g., requiring participants to wear certain articles of clothing or to speak certain words or phrases, etc.).
  • C.The "Photo/live lineup results" section of the Photo/Live Lineup Advisory Form will be completed by the lineup administrator. The lineup administrator will:
    • 1.have already followed the procedures in Item II-G-2 or Item III-B-2 of this directive as appropriate.
    • 2.after the lineup has been conducted:
      • a.enter the name of the person(s) identified in the space provided.
      • b.enter the statements made by the witness as to the suspect's identity.
      • c.instruct the witness to sign the form in the space provided. If the witness refuses to do so, verbally verify that the person identified and the statements made by the witness are accurate, and then write, "refused" in the space provided under the "signatures" section of the form and signing the form themself.
      • d.sign and date the form as the lineup administrator.
      • e.inventory the form.
V.Showups
A showup is the presentation of a suspect to a witness in a short time frame following commission of a crime to confirm or eliminate the suspect as an offender. When conducting a showup, members should
  • A.use showups only when the suspect is detained within one hour of the offense.
  • B.attempt to do showups with only one witness.
    NOTE:
    If practical, separate witnesses and not allow communications between them before or after a showup.
  • C.If probable cause for the offense in question is established through one showup, do not conduct additional showups with additional witnesses. Instead, use a photo or live lineup for the additional witnesses.
  • D.transport the witness to the location of the suspect whenever practical, rather than bringing the suspect to the witness.
    NOTE:
    Members should not transport the suspect to the witness's residence unless it is the scene of the crime.
  • E.caution the witness that the person he or she is about to see, may or may not be the perpetrator.
    NOTE:
    Members will ensure that Special Order entitled "Limited English Proficiency " is followed as appropriate.
  • F.not present the same suspect to the same witness more than once.
  • G.document the exact words, if any, used by the witness while making the identification.
  • H.inform the zone via radio that the showup was positive or negative.
  • I.if the identification is positive, document the time and location of the showup, the description given by the witness, the description of the suspect prior to the showup, the officers present, the outcome of the procedure, and the exact words used by the witness in making the identification in the original case report or the supplemental report as appropriate.
  • J.if the identification is negative, document the encounter on a Investigatory Stop Report (CPD-11.910) consistent with the Special Order entitled "Investigatory Stop System," and reference the Investigatory Stop Report in the original report, if applicable.
(Items indicated by italics/double underline were added or revised.)
Authenticated by: KC
John J. Escalante
Interim Superintendent of Police
15-185 CAW