PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.10

Transcription

1 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.10 Issued Date: Effective Date: Updated Date: SUBJECT: POLICE AND SUSPECT PHOTOGRAPHS PLEAC 4.7.1c 1. POLICY A. Photographs will be used by Philadelphia Police Department personnel for identification and investigatory purposes only. Supervisors shall examine arrest photos for accuracy, suitability and legal sufficiency. These photos shall be updated and revised on an ongoing basis to ensure only pertinent arrest photos are kept on file. B. When using photo arrays, supervisors will ensure care is given to the compilation of a pertinent and professional photograph array. All efforts shall be made to eliminate suggestive arrays. Supervisors shall also review and evaluate arrest photos and photo arrays to reduce and eliminate photos no longer necessary or appropriate for criminal investigatory purposes. C. All photo arrays shall be conducted in a sequential, double blind fashion so that the photo array administrator and the victim/witness do not know the identity of the suspect. D. Members of the Police Department shall not solicit the random photographing of any individual based solely upon their race, ethnicity, religious affiliation, sexual orientation, or mere presence in a particular area. 2. DEFINITIONS A. Photo Array is set of photographs or images, comprised of the suspect and similar looking individuals, who are not suspects (i.e. fillers) that are presented to a victim/witness to determine whether victim/witness can identify the suspect. B. Sequential, Double-Blind Identification Procedure - A procedure whereby a suspect s photograph/image, along with fillers, are presented one at a time (i.e. sequentially) to a victim/witness, who does not know the suspect, by an administrator that also does not know which photo/image is the actual suspect. Both the victim/witness and the administrator are considered blind, thus, the term double blind. DIRECTIVE

2 C. Photo or Photographic Array A set of six (6) individual pictures or images (Five (5) Filler Photographs and the suspect s photograph). D. Sequence Number: In a set of photographs, the chronological number assigned to each photo/image presented to a victim/witness. For example, the first photo/image shown to a witness would have a sequence number of 1, the second photo/image shown to a witness would have a sequence number of 2 and so on. E. Fillers Photographs or images of individuals that resemble the victim s or witness description of the suspect in significant features (i.e. face, weight, build, skin tone) who are not suspects. F. Blind Administrator A sworn member, who does not know the suspect or the suspect s photo, who presents a photo array to a victim or witness. The Blind Administrator can be a detective or any available sworn officer. 3. PROCEDURE SEQUENTIAL DOUBLE BLIND PHOTO ARRAY A. DEVELOPING A PROPER PHOTO ARRAY 1. When the identity of the suspect is unknown to the police, the assigned investigator will utilize the Computerized Photo Imaging System. 2. When the investigation has focused on a particular suspect(s), the assigned investigator will utilize a photographic array created from the Computerized Photo Imaging System. 3. If necessary, an investigator may have a suspect s photograph placed in the Photo Imaging Suspect database. This photograph can then be mixed with arrestee photographs in order to compile a photograph array display. Suspect photographing can be accomplished at any divisional headquarters. 4. When the suspect is in custody and a line-up is not possible, the assigned investigator will utilize a photo array. a. During an in-custody photo array, the suspect has a right to counsel. b. This right to counsel pertains to the crime for which the suspect is being held. A photo array may be utilized for other crimes in which the arrestee is a suspect without having counsel present. DIRECTIVE

3 5. Police personnel are prohibited from using any photographic array or any other file or compilation of photographs used to investigate criminal activities, or any photograph of an individual taken pursuant to an arrest that has been expunged prior to the date of the photographic display. NOTE: If a photograph has been shown in an array and then expunged after the display is shown, the array is valid. 6. Only one suspect may be included in a photo array. The photo or image of the suspect shall be contemporary or current and shall resemble their appearance at the time of the offense. 7. Five (5) fillers will be included in a photo array, in addition to the suspect s photograph. a. All fillers selected shall resemble the victim s or witness description of the offender in significant features (i.e. face, weight, build, skin tone), including any unique or unusual features (i.e. scars, tattoos) b. All fillers used in a photo array must be similar in race, age, complexion, and appearance, and shall be similar in build, skin tone, hair color, hair length/style, facial hair, age, etc. c. Photographs/images reflecting injuries shall not be used unless no other photographs or images are available and the depiction of the injury is not considered suggestive or prejudicial. d. All black and white or all color photographs/images shall be used in any photo array. Black and white and color photographs/images shall not be combined in the same photo array. Photocopies of photographs/images shall not be used in any photo array. e. Filler sizing and composition shall be substantially similar to the suspect s photograph or image. For example, using a suspect s photograph that shows head, shoulders and chest among five (5) fillers showing only face and head would not be acceptable. f. All identifying information regarding the suspect and the filler, including description, date of birth, and PPN shall be redacted from the photographs or images being show to the victim/witness. *2 g. All identifying information regarding photographs/images used during a photo array shall be recorded by the investigator on the Photo Identification Index Form (75-647A). DIRECTIVE

4 h. If the victim/witness has previously viewed a photo array in connection with the identification of another suspect (i.e. multiple offenders), the fillers in the any subsequent photo array must always be different. 8. The investigator shall ensure that photographs/images, which are to be shown, have not been ordered expunged by court order. Queries will be done through the police computer system using the PDCH command. 9. Two (2) copies of each completed photo array shall be printed; one (1) with identifying information and the other without identifying information. B. PREPARING THE ARRAY FOR THE BLIND ADMINISTRATOR 1. The investigator shall: a. Place one (1) filler photograph/image on the top of the set of photographs/images (sequence number 1). 82 b. Mark on the front of each photograph/image at the bottom center, the sequence number (#1 through #6). c. Review the Photo Array Instructions and Results Form (75-647) with the blind administrator. d. Hand the set of photographs/images in sequential order to the blind administrator in a blank manila folder. The first photograph/image in the sequence to be shown to the victim/witness must be on top of the set of photos/images within the manila folder. NOTE: Investigators may not divulge the location of a suspect s photograph/image in the array or the suspect s identity. Also, investigators shall vary the location of suspect photographs/images in each array presented. For example, an investigator should avoid placing suspect s photograph/images in the same sequence slot for every array the investigator presents. C. CONDUCTING THE PHOTO ARRAY 1. Generally a. A photo array will be presented to a victim/witness outside the presence of the assigned investigator. b. If there are multiple victims/witnesses and a single suspect: DIRECTIVE

5 1) Each victim/witness shall view the photo array separately. 2) The suspect photograph/image shall be placed in a different position in the array for each victim/witness. The sequence of the photographs/images presented to each victim/witness will be recorded by the investigator. 3) The victims/witnesses shall not be permitted to communicate with each other until all identification procedures have been completed. The victims/witnesses shall be instructed not to communicate with each other or anyone else (excluding law enforcement or prosecutors when asked) about the identification procedure. c. If there are multiple suspects and the victim/witness has already viewed a photo array and identified one of the suspects, the fillers used in any subsequent photo array involving additional suspects must be different from those fillers used during the previous photo array. d. All identification and non-identification results (i.e. Photo Array Instructions and Results form ), along with the photographs/images used during the arrays will be included in the investigative file. 2. The investigator shall: a. Prepare the photo array to be presented by the blind administrator. 1) One (1) filler will be placed on top of the photographs/images in the photo array within the manila folder. *2 b. Document the sequence of the six (6) photographs/images being presented to each victim/witness on the Photo Identification Index Form (75-647A) (one (1) suspect photograph/image and five (5) fillers). c. Insert the witness information on the Photo Array Instructions and Results Form. d. Locate a blind administrator to present the photo array. Any available sworn member of the Department who does not know the identity of suspect or the suspect s photograph/image may be used to conduct the photo array. e. Review the Photo Array Instructions and Results Form with the administrator and instruct the individual how to document the victim s/witness responses during the photo array. See Appendix A for the Photo Array Instructions and Results Form. DIRECTIVE

6 f. Introduce the victim/witness to the administrator and explain to the victim/witness that the administrator does not know if the suspect s picture is in the photo array and that they will explain the instructions for the photo array. g. If a victim/witness has made a request to the administrator to view one or more of the photographs/images a second time, the victim/witness may not view individual photographs/images from the array, but may view the entire array one (1) additional time after the first procedure has been completed. If this occurs, it must be thoroughly documented. If the victim/witness is presented with the array a second time, the assigned investigator shall: *2 1) Examine the photographs/images. If the victim/witness signs and dates, writes on, marks or in any other way alters a photograph/image during the first showing, an entire new array must be printed, renumbered and used for the second showing. *2 NOTE: The purpose of reprinting a second array and renumbering each photograph/image is to ensure the sequence number on the marked photograph/image is not written in a manner that would make it distinguishable from other photographs/images in the first showing. *2 2) Ensure the photographs/images are in the same sequence as the first showing and present to the Administrator to show to the victim/witness. 3) Complete a second Photo Array Instruction and Results Form, and indicate the time the second array was presented to the victim/witness and write in the Time box the words, 2 nd Array. *2 4) Return the second set of photographs/images and the second Photo Array Instruction and Results Form (75-647) to the Administrator to conduct the second showing of the array. *2 h. If a positive identification results, record in the investigative file, the name and Philadelphia Identification Number (PID) of the suspect, the PID of the other photographs/images used in the array, the sequence number of each photograph/image as presented to the victim/witness (#1 through #6) and the original Photo Array Instructions and Results Form (75-647) that has been signed and dated by both the Administrator and the victim/witness. *2 i. The photographs/images used in the array, the Photo Array Instruction and Results Form (75-647) and the Photo Identification Index Form (75-647A) shall be scanned into the PIIN system. DIRECTIVE

7 *2 NOTE: If a second showing of the array is performed, the photographs/images used in the second array must also be scanned separately into the PIIN system, along with the second Photo Array Instruction Results Form (75-647). 3. The administrator shall: a. Insert their name and payroll as well as the date, time, and location where the photo array will take place on the Photo Array Instructions and Results Form. b. Meet the victim/witness with the investigator and introduce themselves to the victim/witness and provide their name and title. c. Meet with the victim/witness, away from the investigator, and read the instructions to the victim/witness exactly as written on the Photo Array Instructions and Results Form. d. Allow the victim/witness to read, sign and date the verification portion of the Photo Array Instruction and Results Form. e. Hand to the victim/witness the first photo/image from the stack provided by the investigator from the manila folder. Do not allow the victim/witness to see any other photos/images, or how many other images are remaining in the folder. The photos/images must be presented in the order they were given by the investigator with the first photo being the one on top and the last photo being the one on the bottom. NOTE: The administrator shall not inform the victim/witness of the number of photos/images in the array or allow the victim/witness to know the number of remaining photos/images to be shown. f. If the victim/witness indicates that they recognize the person as the offender, record the victim s/witness exact words and then ask the victim/witness, Are you certain that this is the person that committed the crime? *2 g. Record the victim s/witness s exact response in the appropriate section of the Photo Array Instruction Results Form (75-647) AND have the victim/witness sign and date the actual photograph/image identified. IF possible, have the victim/witness write on the photograph/image the actual role of the offender in the crime (i.e., shooter, driver, lookout etc.). This is especially important when multiple suspects are involved in the same crime. DIRECTIVE

8 h. Continue this process though the remaining photographs/images (#2 through #6). NOTE: Even if a victim/witness makes an identification; all photos/images in the array must be shown using the above method. If the victim/witness asks why they must view the rest of the photos, despite making an identification, they will be informed that PPD procedures require the administrator to show all the photos. i. The victim/witness may not view photos/images out of sequence or compare and contrast individual images/photos. However, if the victim/witness requests to see a certain photo/image a second time, they will be permitted to view the entire array a second time after the first viewing has been completed. The administrator must not suggest an additional viewing to the victim/witness. If a request is made to view a specific photo/image again, the administrator shall: 1) Notify the assigned investigator who shall be responsible to thoroughly document the request. *2 2) Hand the stack of photographs/images and the Photo Array Instruction and Results Form (75-647) to the investigator. The investigator shall ensure the photographs/images are not marked or otherwise altered in any way and return a second set of photographs/images to the Administrator for the second showing. *2 3) Review the photographs/images received from the investigator to ensure none of the photographs/images are marked or otherwise altered. If so, do not present the array to the victim/witness and notify the investigator. The investigator is responsible to print a new array. 4) After presenting a photo array to a victim/witness and recording the appropriate information on the Photo Array Instructions and Result Form, return photos/images and the completed form to the assigned investigator. 4. PROCUREMENT OF PHOTOGRAPHS A. In the event that the suspect s PID photograph does not exist in the Computerized Photo Imaging System, a request for photographs from the black and white negative file should be submitted by police mail or in person to the Photography Section of the Records and Identification Unit (R&I). DIRECTIVE

9 1. Prepare a Request for Photographs (75-153) indicating: a. The PID numbers in numerical sequence. b. The officer s name, badge number, and district/unit. c. Whether the suspect s photograph should be scanned into the Computerized Photo Imaging System for a photographic display. 5. PHOTOGRAPHING SUSPECTS A. Suspect photographs are to be used as part of an active criminal investigation into a specific crime for which the photos were taken. If the suspect is subsequently arrested, the photos may be preserved as evidence or retained as noted in this directive. B. Suspect photos may be taken under the following circumstances: 1. Suspect photos of adults can be taken when probable cause exists to believe that the individual may have committed the crime being investigated. The individual can be arrested and detained for purposes solely related to the investigation. NOTE: Under certain circumstances, specific authorized investigatory units may photograph individuals stopped briefly for investigation where reasonable suspicion exists (i. e., as defined in Terry v. Ohio, specific articulable facts, which taken together with rational inferences from those facts, are sufficient to provide reasonable suspicion to believe that the suspect has engaged in unlawful activity and a photograph is needed to assist in the investigation of that crime). Authorization for such investigatory procedures must *1 be made by the Police Commissioner. The Criminal Intelligence Unit is the only unit authorized to take such actions. 2. Suspect photos of juveniles can only be taken pursuant to Directive 5.5, Juveniles in Police Custody Section 7-E and the Juvenile Act, 42 Pa. CSA 6308(c)(1). (PLEAC 4.7.1c) *1 3. Suspect photos taken in the PPD Mugshot system are electronically stored in the Philadelphia PD Suspect database. The Mugshot Suspect database is an investigative tool which is used to hold photographic images on a temporary basis. The images are stored for approximately thirty (30) days and then purged from the system. The Records and Identification Photo Section maintains the PPD Mugshot System. Please contact the Photo Section at 215-xxx-xxxx with any questions or concerns. DIRECTIVE

10 4. Photograph and fingerprint records may be disseminated to law enforcement officers of other jurisdictions, the Pennsylvania State Police, and the Federal Bureau of Investigation, and may be used for investigative purposes. C. RETENTION OF PHOTOGRAPHS *1 1. If the suspect photo is needed for an investigation, it must be scanned/uploaded into the PIIN system. *1 2. If the suspect photo aids in the creation of lineups it will be maintained in the PPD Arrest database under the Lineup Feature. D. SURVEILLANCE PHOTOGRAPHS 1. Photos shall be utilized for intelligence gathering purposes and can be obtained through surveillance. Photos utilized for surveillance purposes shall be obtained only under conditions as stated in the Department Intelligence Collection Standards described below: a. Intelligence Operations and Criminal Intelligence Operations will focus on individuals and criminal organizations who are reasonably suspected of engaging or planning to engage in any of the following areas of criminal activity: 1) Crime vs. persons 2) Crime vs. property 3) Narcotics 4) Gambling, prostitution, loan sharking 5) Bribery 6) Extortion 7) Government/municipal corruption 8) Racketeering 9) Economic crime 10) Terrorism b. Collection activities 1) The following types of collection activities are prohibited unless a definite criminal connection or relationship is clearly indicated: a) Non-crime related targets. b) Religious or political references which do not reflect criminal behavior or a clear potential for same. DIRECTIVE

11 c) Targeting non-criminal causes which may be generally unpopular in nature. d) Activities regarding the personal habits of individuals which are not related to criminal behavior. e) Activity directed against individuals based solely on sex, ethnicity, etc. 6. PHOTOGRAPHS OF POLICE PERSONNEL A. During normal business hours all requests for photographs of police personnel will be made through the Chief Inspector, Support Services or the Public Affairs Office. All approved requests will be forwarded to the Records and Identification Unit for processing. B. Obtaining Photographs of Police Personnel 1. Requests for photographs of police personnel must be approved by one (1) of the following: a. Police Commissioner or Deputy Commissioners b. Chief Inspector, Support Services c. Public Affairs Office d. After hours, the Commander in Police Radio. 2. Requesting officer will: a. Prepare Form listing the name and payroll number of each officer whose photograph is requested. Additionally, indicate whether the request is for black and white or color photographs and whether the officer s photograph is required with or without a hat. b. Forward Form to one (1) of the approving authorities noted above. 3. Form , after approval, will be forwarded to the Records and Identification Unit for processing and pick-up. C. Telephone requests: 1. Personnel indicated in Section 5-B-1 may order photographs of police personnel by telephone from the duty Captain, Police Radio after normal working hours, on holidays, and weekends when there is an urgent need (police officer killed, shot, etc.). DIRECTIVE

12 2. The duty Captain, Police Radio will prepare Form in the name of the requesting authority and will ensure that the request is honored. RELATED PROCEDURES: Directive 5.5, Juveniles in Police Custody Directive 8.11, Race, Ethnicity and Policing BY COMMAND OF THE POLICE COMMISSIONER FOOTNOTES GENERAL# DATE SENT REMARKS * Changes * Additions/Changes DIRECTIVE