Model policy on eyewitness identification required

Sponsored by Rep. Dave Pinto (DFL-St. Paul) and Sen. Bill Ingebrigtsen (R-Alexandria), a new law requires the Minnesota Peace Officer Standards and Training Board to create a model policy for eyewitness identification by Nov. 1, 2020.

Law enforcement agencies throughout the state must adopt the POST Board model policy or one “substantially similar to the model policy” by Feb. 1, 2021.

The law states that the POST Board model policy must require that:

• a person administering a live or photographic lineup be unaware of the suspect’s identity, or if that is not practical, the administrator use a photographic lineup that prevents the administrator from seeing which member of the lineup is being viewed by the eyewitness at a given time;

• before the procedure, the eyewitness be instructed that the perpetrator may or may not be in the lineup;

• non-suspect “fillers” used in the lineup be substantially similar to the eyewitness’ description of the perpetrator; and

• immediately after an identification is made, the eyewitness provide a statement in his or her own words that articulates the level of the eyewitness’ confidence in the identification.

The law takes effect Aug. 1, 2020.

Nothing in this new law prohibits the admission of relevant evidence or otherwise changes the standards governing the admissibility of evidence.

HF627*/SF1256/CH90

HF0627* / SF1256 / CH90