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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 re merely that of an observer. His presence is 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. (1) Lawyer's Suggestions ~ The defense lawyer should be 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. All suggestions, whether or not adopted, should be noted by the Agent supervising the lineup and included in his FD-302. (2) Participation During Lineup — The attorney should be instructed not to converse with the lineup participants or witnesses during the lineup. Any attempts to disrupt the lineup should 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 attempt in the lineup room when the suspects are still visible. Defense counsel should be present and immediately informed if an identification is made. He should not be allowed to communicate with the witness at this time, nor participate in the identification process. (4) Presence at Postlineup Interview of Witness - 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. (5) Contact with Government Witnesses After Completion of 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. *x*EfeDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls: 6-2.8 Suggested Lineup Procedure All FBI lineups should comply with the procedures discussed below. The primary objectives of these procedures are to. eliminate suggestiveness and make certain that nothing is done or said by the Agents to distinguish the suspect from other participants 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. ili Printed: 05/05/2004 13:08:54 Page