Category: Law Enforcement · Statute: F.S. 92.70 · Source: Florida Legislature
Understanding Lineup Procedures (Florida) in Florida
In Florida, lineup procedures dictate how law enforcement officers must conduct eyewitness identifications, whether through live lineups or, much more commonly, photographic lineups. Governed strictly by the Eyewitness Identification Reform Act under Florida Statute Section 92.70, these procedures are designed to prevent cognitive bias and reduce the risk of wrongful convictions. Under this law, lineups must be conducted using "blind administration," meaning the officer presenting the photos or individuals does not know which person is the actual suspect. If a blind administration is not practically feasible, the agency must utilize an approved alternative, such as a automated computer program or a folder shuffle method, to ensure the administrator cannot see which photograph the witness is viewing.
Before the lineup begins, Florida law requires the administrator to read specific instructions to the eyewitness, explicitly stating that the perpetrator may or may not be in the lineup and that the investigation will continue regardless of whether an identification is made. As soon as the witness makes an identification, the officer must immediately document a "confidence statement" in the witness's own words, detailing how certain they are of their choice. These strict protocols arose out of a growing recognition that suggestive police techniques—even unintentional ones, like a subtle nod or a sigh of relief from an investigating detective—frequently led to misidentifications and tainted prosecutions.
How Lineup Procedures Affect Bail and Pretrial Release
If law enforcement fails to follow the mandates of Florida Statute Section 92.70, it can severely weaken the state's case at the very beginning of the criminal process. During a first appearance hearing or a subsequent bond reduction hearing, a defense attorney can highlight these procedural failures to argue that the state lacks strong probable cause. When the sole evidence linking a defendant to a crime is a highly questionable, non-compliant photo lineup identification, a Florida judge may be persuaded to grant a significantly lower bail amount, release the defendant on their own recognizance (ROR), or impose less restrictive pretrial supervision conditions while the validity of the identification is litigated.