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ae EN a walk Thad th VR SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 A suggestions or objections made by the defense attorney should be noted in the FD-302. Other Agents assisting in the lineup shall prepare FD-302's describing their roles in the lineup. **EFEDte: 04/28/1978 MCRT#: 0 Div: D9 Cavs: SecCls: 6-2.9 Lineups Conducted by Local Authorities It 15 recognized that in some instances local facilities and personnel might have to be used to conduct a lineup.! In that event, efforts should be taken to assure that the procedures used by the local authorities substantially conform to the procedures outlined above. **EFEDte: 04/28/1978 MCRT#: 0 Div: D9 Cavs, SecCls: 6-2.10 Refusal to Participate An in-custody suspect has no right to refuse} to participate in a lineup. If a suspect refuses to participate or refuses to perform required acts in the lineup (utter certain 3words, perform certain acts), he should be informed that he has| no faght to refuse. The defendant may be informed that evidence of his refusal might be used against him at his trial. If the suspect continues to refuse, consideration should be given to obtaining a court order to compel participation, or employing photographic identification procedures. - ; s **EfEDte: 04/28/1978 MCRT#: O Div: D9 Cav: SecCls: 6-2.11 Detention of Suspects for Lineups (See 6-2.4.1.) When probable cause for arrest is not present, or when an arrest 18 not desirable, two possibilities are available to compel the suspect to appear in a lineup: (1) Court Order - Upon approval of the U.S. Attorney, an affidavit may be filed with the U.S. Magistrate or U.S. District judge seeking an order compelling the suspect to appear at a designated Place and time for a lineup. The affidavit should contain facts establishing grounds to believe that a Federal offense Has been committed, that there is reason to suspect that the pergon named or described in the affidavit committed the offense, and the results of the lineup will be of material aid in determining whether the person named in the affidavit committed the offense. (2) Grand Jury Subpoena - The U.S. Attorney may be SENSITIVE Printed: 08/20/2003 06:43:34 Page 7