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=a fas ee ee We tide CO SENSITIVE Manl-ID: LHBSAP1 LEGAL-HANDBOOK FOR SPECIAL AGENTS PART } a a (2) Physical Similarity - All participants should be of the same race and sex and be similar in physical description. (3) Persons Known to Witnesses - Persons known to the witnesses should not be used as elimination participants! in the lineup. (4) Position of Suspect - The suspect should not be positioned as to suggest identity. Prior to viewing by witnesses, the suspect should be allowed to change his position if either he or his attorney requests a change. (5) Conduct of Agents - Agents participating in or observing a lineup should not do or say anything to call) the witness' attention to the suspect. Agents should not comment on the validity of an identification made by a lineup witness. (6) Distinctive Clothing - The lineup suspect may be compelled to wear distinctive clothing. All other participants must wear similar attire or don the suspect's clothing. | (7) Voice Identification - The suspect may |be compelled to speak for voice identification if all participants ane required to state the same words or phrases. None of the lineup Paytsctpante, including the suspect, should be required to identify himself individually when being viewed by the witnesses. (8) Compelled Action - The suspect can be compelled to make certain gestures or assume particular poses. All gther lineup participants should be required to do likewise. (9) Multiple Witnesses — Multiple witnesses should view the lineup separately. If this is not feasible, care should be taken to segregate the witnesses during the lineup so that they are unaware of the reactions of the other witnesses. (10) Identifications - The witness should be asked to make an identification during the lineup, when the lineup participants are within view of the witness. Multiple witnesses should make identifications out of the presence of other witnesses.| In the event of a positive identification, the witness should be asked to execute a signed statement setting forth the reasons which persuaded him to make the identification. (11) Photograph of Lineup - Frontal and profile photographs of the lineup participants should be taken and preserved in the case file for possible use as evidence in the event the fairness of the lineup is challenged. (12) Record of Lineup - The Agent in charge of the lineup is to prepare a complete memorandum (FD-302) on how and where the lineup was held. The memorandum should include the names and addresses, jail or otherwise, of all lineup participantis. Any SENSITIVE Printed: 08/20/2003 06:43:34 Page 6 TET En aT TTT Tn To