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SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 Sn rTTUTEEnc pv nN! merely that of an observer. His presence 18 required to) assure intelligent cross-examination of the lineup witnesses later at trial, and to detect anything that might affect the admissibility of testimony about the lineup. permitted to make suggestions concerning the procedure of the proposed lineup. The Agent should attempt to incorporate any reasonable suggestion which promotes the fairness of the lineup. Aj1l suggestions, whether or not adopted, should be noted by [he Agent supervising the lineup and included 1n his FD-302. (1) Lawyer's Suggestions - The defense reer should be (2) Participation During Lineup — The sttorpey should be instructed not to converse with the lineup participants pr witnesses during the lineup. Any attempts to disrupt the lineup spoure be noted by the Agent on his FD-302. If the attorney for the defendant obstructs the identification, he may be excluded from the lineup room. In the event a defense attorney is excluded, the U.S. Attorney should be contacted before resuming the lineup. (3) Presence at Moment of Identification - [If practicable, the witness should make the identification jattempt in the lineup room when the suspects are still visible. Defense counsel should be present and immediately informed if an th the ritnen is made. He should not be allowed to communicate with the |witness at this time, nor participate in the identification proces4. (4) Presence at Postlineup Interview of weinene - The right to counsel does not extend to interviews with lineup witnesses after the conclusion of the lineup. The suspect's lawyer thus should be excluded from the postlineup interviews of lineup witnesses. Lineup - The lineup witness may be told that he may speak with the defense attorney if he wishes, but that he is under no legal obligation to do so. The witness' name and address should not be revealed to the defense lawyer without the consent of the witness. (5) Contact with Government Witnesses “ed Completion of **EfEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCis: 6-2.8 Suggested Lineup Procedure All FBI lineups should comply with the lee discussed below. The primary objectives of these procefures are to eliminate suggestiveness and make certain that nothing i done or said by the Agents to distinguish the suspect from other par icipants in the lineup. This will assure accurate and reliable identifications. (1) Number of Participants - At least six (6) persons, including the suspect, should be included. SENSITIVE Printed: 08/20/2003 06:43:34 Page 5 ns cs