Sec. 9. (a) Except as provided in section 7 of this chapter, a lineup must be conducted as follows: (1) A lineup investigator shall conduct the lineup. (2) Only one (1) suspect may be included in the lineup. (3) No one may speak to the eyewitness concerning the suspect's position in the lineup or regarding anything that might influence the eyewitness's identification. (4) Each filler in the lineup must generally resemble the eyewitness's description of the perpetrator. (5) The composition of the lineup must ensure that the suspect does not unduly stand out from the fillers. (6) The lineup must include at least five (5) fillers who resemble, as much as practicable, the eyewitness description of the perpetrator in significant features, including any unique or unusual features. (7) If the eyewitness has previously viewed a lineup in connection with the identification of another person suspected of involvement in the offense, the fillers in the lineup in which the current suspect participates must be different from the fillers used in any prior lineups. (8) If there are multiple eyewitnesses, the suspect must be placed in a different position in the lineup for each eyewitness. (9) If the eyewitness makes an identification during the lineup, the lineup investigator shall document any statement from the eyewitness as to the eyewitness's confidence level that the person identified in the lineup is the perpetrator. (b) Before conducting a lineup, the lineup investigator shall instruct the eyewitness that: (1) the perpetrator may or may not be in the lineup; (2) the eyewitness is not required to make an identification; (3) it is as important to exclude innocent persons as it is to identify the perpetrator; and (4) the investigation will continue with or without an identification.
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