How should a law enforcement officer conduct a lineup when the suspect has a facial tattoo? More than one in five American adults now has a tattoo according to a recent Harris poll. My sense is that facial tattoos, although still uncommon, are also increasing in popularity. But when a person with a facial tattoo is suspected of a crime, the investigating officer may face a conundrum: how to conduct a lineup where “the suspect does not unduly stand out from the fillers” and “[a]ll fillers . . . resemble, as much as practicable, the eyewitness’s description of the perpetrator in significant features, including any unique or unusual features”? G.S. 15A-284.52. Find fillers with tattoos. In some instances, it may be possible to find fillers who have facial tattoos that are generally similar to the suspect’s. Teardrop tattoos, for example, are relatively common, so officers may be able to find several fillers with such tattoos. (As an aside, according to Wikipedia, teardrop tattoos carry many meanings, including that the person with the tattoo has been in prison; has killed someone; has been a victim of sexual violence; or has had a loved one killed.) Create fillers with tattoos. The United States Department of Justice produced a guide for law enforcement regarding eyewitness evidence that recommends “[c]reat[ing] a consistent appearance between the suspect and fillers with respect to any unique or unusual features (e.g., scars, tattoos) used to describe the perpetrator by artificially adding or concealing that feature.” Court opinions reveal that [...]
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