Police Lineup Identifications

Many people have a basic understanding of what a police lineup is, as police lineups are commonly used in films that involve crimes. In reality, a police lineup is a legal procedure wherein an eyewitness identifies a suspect out of a group of five or six other people who fit the suspect’s description of the alleged perpetrator of the crime. Police lineups are part of an overall criminal procedure process known as eyewitness identification.

The term “lineup” can typically refer to both a live lineup of persons or a photo lineup of persons. A photo lineup is essentially the same as a typical police lineup, except an array of photographs are shown to the victim of the crime for the purpose of identifying the perpetrator. Eyewitness identification can also occur in court by the prosecutor asking the victim if the perpetrator is present at the hearing.

In a police lineup the witness to the crime will often stand behind a one-way mirror and view the lineup of individuals that fit their description of the perpetrator. During the police lineup the authorities will ask that the people in the lineup dress the same way that the suspect appeared during the commission of the crime.

Further, in some cases the investigators will ask the persons present in the lineup to say a certain phrase that may have been spoken during the commission of the crime, such as “give me your wallet”. Then, if the witness to the crime believes that there is an individual that is present who is the perpetrator, they will identify that individual to the authorities that are present at the lineup. Typically, the lineup identification process occurs after criminal charges have been filed, but before trial.

Is a Police Lineup the Same as a “Show-Up?”

In short, no. The legal term “show-up” is the procedure in which an eyewitness to a crime is presented with a single suspect at or near the scene in which the crime occurred to determine whether or not the eyewitness is able to identify the suspect. Eyewitnesses can be the victim of the crime, bystanders who witnessed the crime, or even law enforcement. Alleged perpetrators can even be brought face to face with the victim of the crime at the scene of the crime to be identified.

As can be seen, a show-up is drastically different from a police lineup, as a police lineup provides more than just one perpetrator, and the victim does not have to come face to face with the alleged perpetrator of the crime.

Although state laws differ regarding criminal procedure, in order for authorities to utilize the show-up identification procedure, the authorities must typically meet the following requirements:

• The suspect that is to be brought for the show-up must match the perpetrator’s description;
• The suspect must be located in close proximity to both the place and time of the crime;
• The show-up must typically be performed using a live suspect, and not photographs; and
• Authorities and investigators must photograph the suspect at the show-up to preserve the record of the suspect’s appearance. Typically law enforcement will also utilize body cams to record the show-up, which will allow them to record the statements by both the suspect and the eyewitness to the crime.

Can I Have a Lawyer Present During a Police Lineup?

If you are suspected of a crime, and have been arrested on suspicion of that crime, then you have a right to an attorney during all of the stages of the prosecution. This means that if you have been asked to attend an in person police lineup for the purpose of eyewitness identification of a crime you have been charged with, then you may have a lawyer present. If you do not waive your right to have an attorney present, and your attorney is not present at the police lineup, then it is likely that the prosecution will not be able to use the evidence and identification made at the lineup in any future part of the criminal procedure.

Sometimes authorities may try to have the suspect voluntarily agree to the police lineup before filing charges in an attempt to avoid having a defense lawyer present. Importantly, unless there is a court order specifying otherwise, police can not force an individual that has not been arrested to participate in a police lineup.

Having an attorney present is crucial to ensuring that the suspect’s rights are not violated during the lineup procedure, and to ensure that the prosecution and investigators properly conduct the lineup. If a suspect requests an attorney to be present during a lineup but is denied an attorney, then the court will likely find that their constitutional rights have been violated.

In addition to the right to have an attorney present at any police lineups, suspects also have several other legal rights including:

• The lineup must be free and fair. This means that the lineup must be unbiased and conducted in a certain way in order for the results to be admitted in court. Typically, an independent administrator not associated with the investigation will be required to conduct the lineup;
• The police must not assist the eyewitness. One of the most important rules for conducting a police lineup is that the investigators may not assist or pressure a witness into identifying a suspect. For instance, the investigator cannot say “suspect number 2 seems to best fit your description, right?”;
• A video record must be made. Unless it is impractical for a video record to be made, it is often a requirement that the entire police lineup procedure is recorded. There may also be further requirements that must be present in the recording, such as:
  • The identification or non identification of the perpetrator;
  • The eyewitness’s statement as to how confident they are in their identification;
  • The names of everyone present at the lineup; and
  • Any descriptive words used by the eyewitness in their identification.
• Fillers must be provided. At least five non-suspects must typically be included in police lineups, and if the eyewitness has previously had a lineup, the non-suspects must be a new group than that of prior lineups; and
• Suspects are often required to be presented sequentially. Individuals or suspects present in a police lineup must always be present sequentially. This means that when an eyewitness is shown an individual or photo, they are to be viewed separately and then removed before the next individual is presented. Showing the eyewitness individuals one by one reduces the possibility of the suspect comparing all of the individuals present in a police lineup and simply picking the person who most closely matches their memory of the perpetrator. When combined with an independent administrator, a police lineup conducted sequentially is known as a double-blind sequential lineup. Such lineups are often favored by courts.

As can be seen, it is very important that police lineups be conducted properly. Once again, if the police lineup is conducted improperly, then the eyewitness identification made at the police lineup will likely not be admitted.

Further, if the procedure was very improper, the court may dismiss the charges against the defendant altogether. It is important to note that having an attorney present does not extend to other forms of evidence gathering, such as blood, DNA, or handwriting samples.

Do I Need a Lawyer to Help With Police Lineup Identifications?

If you have been arrested on suspicion of a crime, it is important to immediately consult with an experienced criminal defense attorney. An experienced attorney will be able to be present at every stage of the criminal process, including at police lineup identifications.

Additionally, an attorney will be able to help ensure that any eyewitness identification is proper. If the police lineup was conducted improperly, an attorney will be able to get the identification thrown out, and may even be able to get the entire criminal case dismissed. Finally, an attorney will be able to represent you during any necessary hearings.