{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-21","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-21","heading":"Eyewitness identification procedures","body":"As used in this section:\n\n1. \"Blind administration\" means the lack of knowledge of the\n\nadministrator of an eyewitness identification procedure as to the\n\nidentity of the suspect;\n\n2. \"Blinded administration\" means the administrator of an\n\neyewitness identification procedure may know the identity of the\n\nsuspect but not the position in which the suspect is placed in the\n\nphoto array when it is viewed by the eyewitness;\n\n3. \"Eyewitness\" means a person who observed another person at\n\nor near the scene of an offense;\n\n4. \"Filler\" means either a person or a photograph of a person\n\nincluded in an identification procedure who is not suspected of the\n\noffense in question;\n\n5. \"Folder shuffle method\" means a blinded procedure in which:\n\na. the suspect photo and filler photos are each placed in\n\nseparate folders for a total of six photographs and\n\nthen shuffled,\n\nb. four blank folders are placed behind the six folders\n\nthat contain photographs, and\n\nc. each folder is then presented to an eyewitness such\n\nthat the administrator cannot see which photos are\n\nbeing presented to the eyewitness until after the\n\nprocedure is completed;\n\n6. \"Live lineup\" means an eyewitness identification procedure\n\nin which a group of persons, including the suspected perpetrator of\n\nan offense and other persons who are not suspected of the offense,\n\nis displayed to an eyewitness for the purpose of determining whether\n\nthe eyewitness identifies the suspect as the perpetrator;\n\n7. \"Photo array\" means an identification procedure in which an\n\narray of photographs, including a photograph of the suspected\n\nperpetrator of an offense and additional photographs of other\n\npersons who are not suspected of the offense, is displayed to an\n\neyewitness either in hard copy form or via electronic means for the\n\npurpose of determining whether the eyewitness identifies the suspect\n\nas the perpetrator; and\n\n8. \"Show-up\" means an identification procedure in which an\n\neyewitness is presented with a single suspect in person for the\n\npurpose of determining whether the eyewitness identifies the\n\nindividual as the perpetrator.\n\nB. All law enforcement agencies in this state that conduct\n\neyewitness identification procedures shall adopt a detailed, written\n\npolicy that shall include, but not be limited to, the following\n\nrequirements:\n\n1. All photo arrays and live lineups shall be conducted using a\n\nblind administrator or a technique of blinded administration, such\n\nas the folder shuffle method;\n\n2. The eyewitness shall be informed before the identification\n\nprocedure that the person who committed the offense may or may not\n\nbe present in the procedure;\n\n3. Fillers shall be selected who match the description of the\n\nperpetrator provided by the eyewitness and do not make the suspect\n\nnoticeably stand out;\n\n4. After the eyewitness makes an identification, the eyewitness\n\nshall be asked to state in his or her own words the level of\n\ncertainty in the selection, and the statement shall be documented;\n\n5. A protocol guiding the use of show-ups procedures, including\n\nthat show-ups should only be used when a suspect is detained within\n\na reasonably short time frame following the offense; and\n\n6. A protocol for documenting eyewitness identification\n\nprocedures.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c37ebd19f25a891a53e84aa15dc9730519bc3579f31628a84ff709574376942c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-208","next":"us-ok/okla.-stat.-tit.-22-22-210"},"notice":"GroundRules: Original legal text. Not legal advice."}