Category: Evidence · Statute: F.S. 92.70 · Source: Florida Legislature
Understanding Eyewitness Identification in Florida
In Florida, eyewitness identification refers to a witness's out-of-court or in-court recognition of a suspect as the perpetrator of a crime. Because misidentification is historically a leading cause of wrongful convictions, the Florida Legislature enacted the Eyewitness Identification Reform Act under Section 92.70 of the Florida Statutes. This law regulates how law enforcement conducts photo and live lineups. It mandates strict procedures, such as using an "independent administrator" (someone who does not know the suspect's identity) to conduct the lineup, or utilizing automated, randomized presentation methods to prevent officers from unintentionally signaling the correct suspect to the witness.
Under this statutory framework, Florida law enforcement must also provide standardized instructions to the witness, including the warning that the perpetrator may or may not be in the lineup. If a witness makes an identification, officers must immediately document the witness's own words regarding their level of confidence. If a law enforcement agency fails to follow these statutory procedures, Florida courts are permitted to consider this noncompliance when ruling on motions to suppress the identification, and defense attorneys can introduce this failure to the jury to challenge the reliability of the state's evidence.
Impact on Bail and Pretrial Release
The reliability of an eyewitness identification directly impacts a defendant's pretrial release and bail conditions. During a first appearance hearing, the judge reviews the arrest affidavit to determine if probable cause exists. If the state’s case relies entirely on a single eyewitness identification that was obtained in clear violation of Section 92.70, defense counsel can highlight these procedural flaws to argue that the state’s evidence is weak. A highly questionable identification can persuade a judge to lower the bond amount, authorize a non-monetary release on recognizance (ROR), or impose less restrictive pretrial supervision conditions.