The issue before us is apparently resolved by case law to pronounce unequivocally that granting full evidentiary value to the identification parade in a circle even when such care comes preceded by a photographic identification at police headquarters, however, presents In our view vagueness and loopholes in their reasoning. Such consideration has been
object nuances necessary in order to clarify that in certain cases, a photo reconnaissance practiced so taints the subsequent irregular conference recognition. This clarification seems simply indispensable. The reason is obvious, what is the use extreme caution and safeguards to ensure that a fully credible witness recognized a suspect in a lineup if you have previously have seen the photographs of that subject at police headquarters without any warranty?
have been reported with unquestionable success of the Audiencia Provincial de A Coruña, as far as possible the photographic identification procedure was done following the procedure in Articles 368 and following of the LECr. Shelling this procedure are identified as necessary conditions for such recognition, the photographs show a plurality of the witness, that the photographs displayed are of subjects with similar physical characteristics and photographs of the suspects are clear with full view of his face.
If these precautions are observed in the subsequent recognition wheel is fully valid. If not observed, we conclude with TS in this case we can infer that the photographic identification procedure was conducted in a targeted manner, thereby vitiating the rear wheel recognition.
At this point, two observations are made.
First calls our attention to the warmth of the expressions used by the Court of A Coruña to refer to the use "to the extent possible" the guarantees of ss 368 and LECr. The expression should be categorical and unconditional.
The second issue is that you must think that a change has taken place in the probative value of these two figures. Traditionally, the photographic reconnaissance had no value as evidence of guilt sufficient, but as mere diligence to open a line of research. The evidence against him had been constituted by the ratification in plenary conference recognition. But now we should say, if you require the same precautions on the wheel that the photographic identification, the same, by itself, constitute evidence against him long enough to overcome the presumption of innocence. It should not frighten the fact that it is evaluating the suitability as a test of a measure traditionally practiced in police custody since the identification parade in a circle could also be practiced in this office without reason was invalid.
Another consideration is given to this reflection is convinced that on or not to endorse a test with another. This seems unnecessary since practiced with sufficient guarantees, ratified in plenary conveniently, diligence, either one or the other, regardless of the venue in which practice is enough evidence against him, and later practiced not introduce extra security. Furthermore, it is likely that the witness recognized in the second graph by the memory alive in their memories the image from the first care.
From a practical standpoint, the eventual police report which translate the photographic identification procedure must contain the specific number of photographs displayed and must be attached to the same all photographs are displayed, otherwise it would be impossible determine whether subjects who observed the witness had similar physical characteristics. In short, it is proceeding according required by law. The first step is that the wording of the police reports should be tailored to these requirements.
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