Understanding Photo Arrays in Law Enforcement

Photo arrays are a common investigative tool used by law enforcement agencies to help witnesses or victims identify suspects in criminal cases. This article explores the basics of photo arrays, their purpose, and how they are used in the legal system.

Definition and Purpose of Photo Arrays

What are photo arrays?

A photo array, sometimes called a photo lineup, is a collection of photographs shown to a witness or victim for the purpose of identifying a suspect. Typically, the array consists of one photograph of the suspect and several photographs of other individuals (known as "fillers") who resemble the suspect in appearance. The goal is to determine whether the witness can identify the perpetrator from among the group.

How Photo Arrays Are Used

Law enforcement officers use photo arrays during the investigation phase of a case. Witnesses are shown the array in a controlled environment, and their responses are documented. The process is designed to minimize suggestiveness and ensure that identifications are reliable.

Legal Considerations

Are photo arrays admissible in court?

Photo arrays can be admissible in court, provided they are conducted in a fair and non-suggestive manner. Defense attorneys may challenge the admissibility of a photo array identification if they believe the procedure was biased or improperly conducted. Courts will consider factors such as the composition of the array, instructions given to the witness, and the manner in which the identification was made.

Photo Array Procedures

What is the photo array procedure in NYS?

In New York State, specific guidelines govern the administration of photo arrays. Law enforcement agencies are encouraged to use "double-blind" procedures, where the officer administering the array does not know which photograph is of the suspect. Witnesses are instructed that the perpetrator may or may not be present in the array, and their identification (or lack thereof) is carefully documented. These procedures are intended to reduce the risk of mistaken identification and to ensure the integrity of the process.

Conclusion

Photo arrays are an important tool in criminal investigations, but their use must be carefully regulated to protect the rights of suspects and ensure reliable identifications. Understanding the procedures and legal standards surrounding photo arrays helps ensure that justice is served.