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Legal Handbook for FBI Special Agents — Part 1
Page 83
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SENSITIVE
Mani-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
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requested to ask the Federal grand jury for a subpoena directing the
suspect to appear in a lineup at a designated time and place.
**EFEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls:
6-3 SINGLE SUSPECT CONFRONTATIONS
**EEfDte: 05/30/1991 MCRT#: 0 Div: D9 Cav: SecCls:
6-3.1 When Permissible
If a suspect is arrested or placed in temporary detention
shortly after the commission of an offense, in the general area of the
offense, suspect may be confronted singly by witnesses for
identification purposes. The phrase "shortly after the commission of
an offense," as used in this section, is to be considered two hours
unless special circumstances of an individual case warrant an
extension, or local practice or court rules require a reduction. In
arrest situations, preference should be given to foregoing the single
suspect confrontation in favor of a formal lineup. However, if
staging a lineup will cause a substantial delay in the identification
attempt and thus reduce the reliability of the identification, or is
impracticable under the circumstances, the Agents should proceed with
the single suspect confrontation.
**EEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
6-3.2 Confrontation Procedure
Because single suspect confrontations are inherently
suggestive, Agents should take all reasonable steps to assure that
confrontations between suspects and eyewitnesses are accomplished as
fairly as possible, with a minimum of suggestiveness. Some procedures
which may reduce suggestiveness are outlined below. It is recognized
that the circumstances surrounding single suspect confrontations will
vary. Therefore these procedures are not mandatory, but are offered
merely for guidance.
(1) Circumstances of Viewing - Agents may be able to
arrange the circumstances of the viewing to reduce suggdstiveness.
For example, the suspect may be positioned with several ‘Agents, or
exchange articles of clothing with the Agents or others.
(2) Informing Witness of Status of Investigation - Agents
should avoid telling witnesses about the status of the investigation
or the details of the apprehension of the suspect. For example,
Agents should not inform the witness of the fact that the suspect was
stopped in a stolen car, or that he/she possessed a weapon or fruits
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