Proposed Law Would Change Police Photo Lineups

Witnesses Would See Individual Photos Instead Of A Group

Published On: Oct 28 2011 04:22:29 PM EDT  Updated On: Mar 21 2011 10:09:33 AM EDT
TALLAHASSEE, Fla. -

The Florida Innocence Commission heard arguments Monday involving a proposed law that would regulate how law enforcement agencies conduct photo lineups.

The proposed state Senate bill would ban the use of "six-pack" lineups, in which a witness is shown six potential suspects grouped together on a single page. Instead, law enforcement agencies would be required to display the photos individually. Some psychology and legal experts believe that would produce more reliable identifications.

"It's probably very frightening as a victim to look at a 'six-pack' and you see a blur of images," said private investigator James Copenhaver, who is also a former sheriff's detective. "It's almost as if the witnesses then psych themselves out to where they have to pick somebody."

The proposed law would also require an independent administrator to present the photos. That would prevent an investigator with knowledge of the case from displaying body language that may unintentionally influence the witness's choice. Law enforcement would also be required to tell witnesses that the suspect may not be in the lineup, and the witness must be informed that they are not required to make an identification.

Many law enforcement organizations oppose the proposed state law, arguing that it would be too restrictive and costly to implement. They prefer the state would issue recommendations rather than legal requirements.

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