Category: Evidence · Statute: F.S. 92.70 · Source: Florida Legislature
Understanding Lineup / Photo Array in Florida
In Florida, a lineup or photo array is a critical investigative tool used by law enforcement to determine if an eyewitness can identify a suspect. Under Florida Statute Section 92.70, also known as the "Eyewitness Identification Reform Act," police must follow strict, standardized procedures when conducting these identifications. The law primarily focuses on photo arrays—where a suspect's photograph is placed among "filler" photos of similar-looking individuals—as physical, live lineups are rarely used in modern practice. To prevent law enforcement from unconsciously influencing the witness, the statute requires the use of an independent administrator (someone who does not know which photograph depicts the suspect) or an approved automated method, such as a randomized computer program.
The integrity of a photo array is vital because Florida courts recognize that suggestive identification procedures can lead to wrongful convictions. If a law enforcement agency fails to comply with the procedural safeguards mandated by F.S. 92.70—such as failing to instruct the witness that the perpetrator may or may not be in the lineup, or failing to document the witness's exact confidence statement—the defense can file a motion to suppress the identification. If the court finds the procedure was unnecessarily suggestive and unreliable, the identification evidence may be ruled inadmissible at trial, often severely weakening the prosecution's case.
How Photo Arrays Impact Bail and Pretrial Release
The reliability of a photo array identification directly influences a judge's assessment of "probable cause" during a defendant's first appearance (bond) hearing. If the arrest affidavit reveals that the sole evidence linking the defendant to the crime is a highly questionable or non-compliant photo identification, defense counsel can argue that the state's case is weak. While a judge may still find sufficient probable cause to hold the defendant, a demonstrably flawed identification procedure frequently persuades the court to lower the bail amount or grant release on non-monetary conditions, such as supervised release or a personal recognizance bond.