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Legal Handbook for FBI Special Agents — Part 2
Page 83
83 / 147
SENST#IVE
Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
On
SECTION 6. EYEWITNESS IDENTIFICATION
x*EFEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls:
6-1 IN GENERAL
|The use of an eyewitness identification technique
implicates a variety of constitutional as well as policy
considerations. The guidelines which follow have two important
purposes: to assure the admissibility and credibility of eyewitness
identification testimony and to make certain that all identifications
are the product of the honest, independent recollection of the
witness.
**EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
|6-1.1 Initial Description
The initial description of the subject obtained from the
witness should be as detailed as possible. Information obtained
should include as many details as possible regarding the physical
characteristics and clothing of the suspect. This initial
description is an essential part of any subsequent lineup. |
x*kBEEDte: 01/30/1997 MCRT#: 583 Div: D9 _ Cav: SecCls:
6-2 LINEUPS
**BEEDte: 10/27/1978 MCRT#: 0 Div: D9 Cav: SecCls:
6-2.1 When Conducted
A lineup should be held only when clearly necessary. Such
a case is one in which identification by a witness is a critical
factor, and the witness is so unfamiliar with the accused that
identification is uncertain. Other significant factors which may be
considered by the Agent in making a determination of whether to
conduct a lineup are the following:
(1) Other Evidence - If the government possesses 4
significant amount of other evidence, such as an admission of a
codefendant, a confession, or physical evidence, eyewitness
identification may be unnecessary and consideration should be given to
foregoing a lineup. This is especially true when the eyewitness'
recollection is weak.
_ SENSETIVE
Oe
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