Chicago Police DepartmentSpecial Order S06-02
Lineup Procedures
Issue Date:18 September 2012Effective Date:18 September 2012
Rescinds:Version dated 29 February 2012
Index Category:Processing Persons
I.Purpose
This directive prescribes the procedures to be followed when identification of an arrestee is to be sought by use of a lineup or photo spread. Department member will refer to the General Order titled "Lineup Procedures" for the law related to identification of an arrestee by use of a lineup or photo spread.
II.Conduct of the Lineup
  • 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.
  • D.As far as physical and time circumstances will permit, the victim and/or witness will view the lineup separately. A waiting victim or witness will be kept separated from those who have viewed the lineup.
  • E.No suspect will be seen with police officers prior to the lineup unless all subjects to be in the lineup are seen together with the officers. No suspect will be handcuffed during the lineup unless all subjects are handcuffed. 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).
  • F.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.
  • G.When feasible, there will be only one suspect per lineup, and it will consist of at least five persons. Suspects in a lineup or photo spread should not appear to be substantially different from “fillers” in the lineup or photo spread based on the eyewitness’s previous description of the perpetrator or based on other factors that would draw attention to the suspect. For example, suspects in a lineup should generally be the same height and weight and should have similar hair and skin color, and suspects in a photo spread should generally appear to have the same approximate weight, hair, and skin color. When feasible, community members could be used as fillers in lineups. Police officers will be used in a lineup only as a last resort.
    NOTE:
    Documented supervisory approval must be obtained before conducting a lineup with more than one suspect.
  • H.Photographic documentation of:
    • 1.All lineups shall be photographed, whether or not a positive identification is made. The station supervisor of the facility wherein the lineup is conducted or other supervisory officer will require that either an evidence technician or an authorized member of the Bureau of Detectives take two photographs of each lineup. Photographs of each lineup shall be maintained consistent with existing directives. All photographs of lineups shall be disclosed to the prosecutor to comply with the statutory requirement that all such photographs must be disclosed to the accused in accordance with Illinois Supreme Court Rules; such disclosure shall be through the Supplemental Report consistent with the provisions of Item II-J of this directive. The photographer shall ensure that an Evidence Report (CPD-21.949) be prepared.
    • 2.All photographs used in a photo spread shall be inventoried with the CHRIS photo array number recorded in the Supplemental Report, whether or not a positive identification is made. All photographs used in photo spreads shall be disclosed to the prosecutor to comply with the statutory requirement that all such photographs must be disclosed to the accused in accordance with Illinois Supreme Court Rules; such disclosure shall be through the Supplemental Report consistent with the provisions of Item II-J of this directive.
  • I.If the investigating detective desires copies of the photographs for use in an on-going investigation, the detective will prepare a Request For Identification Photographs (CPD-33.713) and forward it to the Crime Laboratory Division.
  • J.When a lineup is held or a photo spread is shown, a Supplementary Report (CPD-11.411-A or B as appropriate) will be completed. For lineups, a detective will be present whenever possible, and will complete the Supplementary Report. For photo spreads, or for any lineup where a detective is not present, the Supplementary Report will be prepared by a supervisory officer of the assigned unit wherein the lineup or photo array is conducted. In no case will a lineup or photo array be conducted without a Supplementary Report being completed. The narrative portion of the Supplementary Report will include:
    • 1.the date, time and location of the lineup or photo spread.
    • 2.the name, rank, star number and unit of assignment of the person(s) conducting the lineup or photo spread.
    • 3.the name and address of each person viewing the lineup or photo spread.
    • 4.the name and address of each person present during the lineup or photo spread (other than those conducting, viewing or participating in the lineup or photo spread).
    • 5.all available information concerning each person participating in the lineup or photo spread, e.g., name, sex, race, age, height, weight, Central Booking (CB) and/or Identification Record (IR) numbers, etc.
    • 6.whether or not an identification was made and the name(s) of any person(s) identified in the lineup or photo spread.
    • 7.that the photographs of the lineup required by this directive were taken and the name rank and star of the person taking the photographs or, for a photo spread, the name, rank and star of the person inventorying the photo spread.
    • 8.any comments made by counsel for the arrestee.
    • 9.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.;
  • K.For each person viewing a lineup or photo spread a Lineup / Photo Spread Advisory Form (CPD-11.900) will be completed and signed by that person as indicated on the form. The member completing the Supplementary Report will ensure that each required Lineup / Photo Spread Advisory Form is properly completed and signed by the individual viewing the lineup or photo spread. Once completed and signed all original forms will be inventoried consistent with the existing procedures and a copy of each completed form will be attached to the original of the corresponding Supplementary Report.
(Items indicated by italics/double underline were revised or added.)
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
07-026 DK