Oklahoma § 22-21 - Eyewitness identification procedures

§ 22-21. Eyewitness identification procedures

As used in this section:

1. "Blind administration" means the lack of knowledge of the

administrator of an eyewitness identification procedure as to the

identity of the suspect;

2. "Blinded administration" means the administrator of an

eyewitness identification procedure may know the identity of the

suspect but not the position in which the suspect is placed in the

photo array when it is viewed by the eyewitness;

3. "Eyewitness" means a person who observed another person at

or near the scene of an offense;

4. "Filler" means either a person or a photograph of a person

included in an identification procedure who is not suspected of the

offense in question;

5. "Folder shuffle method" means a blinded procedure in which:

a.

the suspect photo and filler photos are each placed in

separate folders for a total of six photographs and

then shuffled,

Oklahoma Statutes - Title 22. Criminal Procedure

b.

four blank folders are placed behind the six folders

that contain photographs, and

c.

each folder is then presented to an eyewitness such

that the administrator cannot see which photos are

being presented to the eyewitness until after the

procedure is completed;

6. "Live lineup" means an eyewitness identification procedure

in which a group of persons, including the suspected perpetrator of

an offense and other persons who are not suspected of the offense,

is displayed to an eyewitness for the purpose of determining whether

the eyewitness identifies the suspect as the perpetrator;

7. "Photo array" means an identification procedure in which an

array of photographs, including a photograph of the suspected

perpetrator of an offense and additional photographs of other

persons who are not suspected of the offense, is displayed to an

eyewitness either in hard copy form or via electronic means for the

purpose of determining whether the eyewitness identifies the suspect

as the perpetrator; and

8. "Show-up" means an identification procedure in which an

eyewitness is presented with a single suspect in person for the

purpose of determining whether the eyewitness identifies the

individual as the perpetrator.

B. All law enforcement agencies in this state that conduct

eyewitness identification procedures shall adopt a detailed, written

policy that shall include, but not be limited to, the following

requirements:

1. All photo arrays and live lineups shall be conducted using a

blind administrator or a technique of blinded administration, such

as the folder shuffle method;

2. The eyewitness shall be informed before the identification

procedure that the person who committed the offense may or may not

be present in the procedure;

3. Fillers shall be selected who match the description of the

perpetrator provided by the eyewitness and do not make the suspect

noticeably stand out;

4. After the eyewitness makes an identification, the eyewitness

shall be asked to state in his or her own words the level of

certainty in the selection, and the statement shall be documented;

5. A protocol guiding the use of show-ups procedures, including

that show-ups should only be used when a suspect is detained within

a reasonably short time frame following the offense; and

6. A protocol for documenting eyewitness identification

procedures.

Added by Laws 2019, c. 223, § 1, eff. Nov. 1, 2019.