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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 has no right to be represented by counsel at the confrontation. It is unnecessary for any suspect to execute Form FD-404, Your Rights at a Lineup, prior to appearance in the confrontation. **EFEDte: 05/30/1991 MCRT#: 0 Div: D9 Cav: SecCls: 6-4 PHOTOGRAPHIC IDENTIFICATION (See MIOG, Part I, 91-8 (8).) **EFEDte: 05/30/1991 MCRT#: O Div: D9 Cav: SecCls: 6-4.1 When Conducted | (See LHBSA, Part 1, 6-4.6.)| (1) Prior to Arrest — Photographic identification techniques are permissible prior to arrest, when the perpetrator of the crime is not in custody, and his/her identity is unknown or he/she cannot be located. (2) |After an Arrest - Photographic identification techniques may be used, however, Agents should consider whether a lineup is reasonably practicable as the lineup technique is regarded as the most reliable of the eyewitness identification procedures. | **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 6-4.2 Suggested Photographic Identification Procedures (See |6-4.6 and|MIOG, Part. 2, 7-8.) The display of photographs should not be impermissibly suggestive. Therefore, except where wholly impracticable, the following procedures should be utilized: (1) Number of Photographs - The suspect's photo should be in a group of at least five other photos. Investigators may wish to utilize Form FD-747, Photo Spread Folder, to display the photographs. (2) Similarity of Photographs - There should be a reasonable attempt to use photographs of other persons who resemble the suspect. The photo print itself should not be dissimilar to other prints. (3) Multiple Displays - Photographic displays should not be repeatedly shown to witnesses who have made identifications unless in furtherance of a legitimate investigative purpose. (4) Comments by Agents — Agents should not indicate in any manner which photograph is of the suspect. Agents should not comment on the status of the investigation or on the validity of an SENSEEIVE Printed: 05/05/2004 13:08:54 Page 10