Eyewitness identification procedures for showups

HRS §801K-3, under Chapter 801K.

HRS §801K-3

[§801K-3] Eyewitness identification procedures for showups. (a) The administrator shall comply with the following in conducting a showup:

(b) At any showup, in order to reduce potentially damaging or prejudicial inferences that may be drawn by the eyewitness, the administrator shall:

(c) When there are multiple eyewitnesses, the following procedure shall apply:

(d) If there are multiple suspects, the suspects shall be separated and participate in separate showups.

(e) If an eyewitness makes an identification, the administrator shall seek and document a clear statement from the eyewitness, at the time of the identification and in the eyewitness' own words.

(f) The administrator shall photograph each suspect or cause the suspect to be photographed at the time and place of the showup to preserve a record of the appearance of the suspect at the time of the showup.

(g) When it is impracticable for a blind administrator to conduct a showup, the investigator shall state in writing the reason therefor. [L 2019, c 281, pt of §2]