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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 (2) Unusual Appearance of Suspect - If the suspect's appearance is uncommon or unusual, and difficulty is experienced locating suitable elimination participants, consideration should be given to not holding a lineup. (3) Prior Knowledge —- If the witness is acquainted with the suspect and recognized him/her during the offense, a lineup may be unnecessary. (4) Inconvenience - If the suspect is in custody a great distance from the witness, a lineup may not be feasible. Consideration should be given to using photographic identification procedures. (5) Uncooperative Suspect - It may be unwise to hold a lineup if the defendant threatens disruptive tactics. (See 6-2.10, Refusal to Participate.) (6) Consultation with|Chief Division Counsel|or U.S. Attorney - If there is any uncertainty about the necessity or wisdom of conducting a lineup, the Agent should seek the advice of the |Chief Division Counsel|or USA. The decision to hold a lineup often can be made while reviewing the proof with the USA when seeking authorization for a warrant. **EfFFDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: SecCls: 6-2.2 Notice to U.S. Attorney, Defense Counsel, and|Chief Division Counsel | Once a lineup has been scheduled, the Agent should immediately advise the USA and defense counsel of the fact, time and place. The|Chief Division Counsel|should be notified and, if possible, attend the lineup. **EfFEDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: SecCls: 6-2.3 Defense Objections to Proposed Lineups If defense counsel raises objections or in any other manner obstructs the proposed lineup, |defense counsel |should be advised to discuss the matter with the USA. **kEFEDte: 10/27/1978 MCRT#: 0 Div: D9 Cav: SecCls: 6-2.4 Right to Counsel (See 6-2.4.2 (1).) Sesser Printed: 05/05/2004 13:08:54 , Page 2