A show-up occurs when
an officer presents a victim or witness with a single suspect for identification, during the same time as the initial investigation.
To avoid the potential suspect being able to see the victim or witness, use
vehicles with a dark window tint or illuminate the potential suspect with a bright light.
A photographic array can be more efficient than a live line-up because
the agency can reprint existing photographs
Each photograph should be of people with
similar physical characteristics to those of the suspect and formatted alike.
Filler photographs are
photographs of people, other than
the suspect, that complete the array. Each photo in the array should be
of a different person with
A photographic line-up is the
process of showing a photographic array to a victim or witness, one at a time, to allow for the identification or elimination of suspects.
is an officer who administers a photographic array, that has no knowledge of the suspect information, and will meticulously avoid any conduct that might influence, directly or indirectly, a victim's or a witness' decision.
occurs when the independent administrator presents a group of photographs to the victim or witness all at once, at the same time.
Number all photographs and filler photographs used in the array prior to simultaneously presenting the array
victim or witness.
the victim or witness should
sign and date the array. Obtain a sworn statement from the victim or witness regarding the line-up results.
Sequential presentation occurs when an
independent administrator presents individual photographs to the
victim or witness one at a time.
in a sequential presentation
Instruct the victim or witness to mark all photography with either "identification" or "no identification."
This makes it clear which photographs the victim or witness actually viewed and chose as the
only at the victim's or witness request: the independent administrator may repeat the entire array only ____ and in the same sequence as originally presented.
Consult with your agency's legal
advisor or, when unavailable, with the____ ________ ______ that is
handling investigations for assistance in selecting the
state attorney's office
I will ask you to view a group of photographs of individuals.
[For sequential line-up] I will show you the photographs one at a time and not in any particular order. Take
as much time as you need to examine each photograph. If you make an identification, I will continue to
show you the remaining photographs in the group.
[For simultaneous line-up] I will show you the photographs simultaneously and not in any particular order.
Take as much time as you need to examine them.
The person of interest may or may not be present in the photographic array and the photographs are not
in any particular order.
It is just as important to exclude innocent people from suspicion as it is to identify the perpetrator.
You should not feel you have to make an identification. Take as much time as you need to look at each
photograph. If you do identify someone, I will note your exact words regarding your identification.
Individuals presented in these photographs may not appear exactly as they did on the date of the incident
because features such as head and facial hair are subject to change.
We will continue to investigate the incident with or without an identification by you.
After viewing all the photographs, please initial and date all photographs and annotate or mark whether
it was an identification or not an identification.
Because this is an ongoing investigation, you should not discuss this photographic array or the results
The independent administrator will give the victim or witness the instruction then will step away from the
victim's or witness'
Private records of
privately owned businesses or organizations, including privately owned
utilities, are not open to the public, including law enforcement, and require court orders
to access them.
Public records of
government entities and publicly owned utilities are
records that, with few exceptions, you may access on demand.
Records pertaining to juvenile arrests and incidents with law enforcement are restricted from the
public by Florida law
Statute does not restrict law enforcement's access to
juvenile information through criminal justice agencies
The Florida Department of Highway Safety and Motor Vehicles houses the
Driver and Vehicle Information Database known as DAVID
Computer Aided Dispatch (CAD)
is a computerized logging system in which dispatch
records every event reported and every instruction given chronologically by date
Other database sources of information include:
โข Local arrest databases
โข other law enforcement databases
โข Florida Department of Law Enforcement sexual predator and offender databases
โข Florida Department of Law Enforcement persons of interest or wanted persons
โข Florida Department of Corrections database of offenders, parolees, probationers,
and recent releases
โข Regional Organized Crime Information Center (ROCIC)
โข National Association of Bunco Investigators (NABI)
โข social networking sites
โข credit reports
โข Medical personnel can provide information related to the injuries sustained by
is any person an officer has contact
with while on patrolโsuch as a concerned citizen or an anonymous complainant with
a sense of civic dutyโwho does not necessarily generate an incident report.
Information from a field contact is only exempt from public record if the
information relates to an active investigation or intelligence.
Confidential informants are
people who furnish police with
information about crimes, primarily because of the expectation of some
personal benefit or advantage, and rarely out of a
sense of civic duty. Both provide information; however, only confidential informants
receive compensation for information.
Types of confidential informants include
mercenary, rival, plea-bargaining, anonymous, self-aggrandizing, false, and fearful.
Motivational factors that may cause an individual to be a confidential informant include
gratitude, competition, revenge, jealousy, repentance, fear, vanity, civic-mindedness, avoidance of punishment, and monetary or other material gain.
This includes preserving the safety of the confidential informant, law enforcement, the target, and the public.
conduct a criminal justice database search, such as DAVID, FALCON and
FCIC/NCIC, to gain an
accurate physical description of the suspect, address, or vehicle.
If you are unable to apprehend the wanted person,
initiate a BOLO for the suspect, and pass any suspect information to the next shift and
the appropriate department within your agency.
All arrested individuals go to a first appearance hearing, except under the following
โข a law enforcement officer, in lieu of a physical arrest, issues a notice to appear in
a designated court at a specified date and time,
โข the magistrate releases the person from custody on his or her own recognizance,
โข the individual bonds out from custody
At the first appearance hearing:
the judge appoints counsel if the defendant
qualifies and desires it. The judge reviews the probable cause affidavit and other
information to decide if probable cause exists that supports the defendant's commission
of the alleged offense.
You usually do not need to attend a first appearance hearing; plan to attend only when
the state attorney requests your appearance and your agency's policies and procedures
permit your attendance. Plan to attend when there is a need to clarify or supplement the
affidavit, or when you have information that was not included in the arrest affidavit. You
may provide any relevant oral testimony that you believe the judge needs to determine
if probable cause exists.
hearsay is generally not admissible as evidence at a hearing or trial; However,
hearsay is admissible in first
appearance hearings that determine probable cause and bond.
A bond hearing will determine if the
defendant is eligible to bond outโand if so, the amount of the bondโ
(3) based upon the defendant's criminal history, offense, and flight risk
is an official court proceeding in which all parties, with the exception of the defendant, provide sworn testimonies regarding the facts of the case to one of the attorneys (defense or prosecutor) prior to trial.
Florida Statutes, s. 914.15, gives
law enforcement officers the legal right not to answer personal questions about their
spouses, children, residential address, phone number, or any information not related to the case, unless directed
to by a judge.
If asked an improper question, you may answer:
"Please certify the question."This requires the attorney to
present the question to a judge who may decide to order an answer to the question.
Although you cannot demand changes, (depositions)
you can point out and notify the state and defense attorneys of errors or misstatements.
By reviewing and signing a copy of the
you have an additional opportunity to refresh your memory before testifying at a hearing or trial.
occurs after the defense files a motion to suppress or to exclude certain testimony or
evidence from the trial, alleging that your improper actions violated their client's rights. (This hearing usually
occurs before the trial but also may occur during the trial)
The purpose of the pretrial meeting is to
give the state attorney an opportunity to clarify facts of the case and deal with any inconsistencies.
The state attorney will ask you to
relate relevant details to the major facts of the case. This will include the following:
โข the elements of the crime
โข witness, victim, and suspect statements
โข criminal history (local records, FCIC/NCIC) and past offenses (reported and unreported)
โข information in the offense report and supplemental reports
โข information in other agency documents such as internal affairs reports
โข use of canine reports
โข type and location of physical evidence
โข past experience with or knowledge of the defense counsel
โข past experience with or knowledge of any witnesses, the victim, or the defendant
as relevant evidence tending to prove or
disprove a material fact, with numerous exceptions specified.
is the examination of facts and related law presided over by a judge or other
magistrate who has the authority or jurisdiction to hear the matter.