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Indiana Code Title 35. Criminal Law and Procedure § 35-33-4.5-11

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 11. (a) This section applies to an in person witness identification procedure in which, shortly after the commission of a crime:

(1) a law enforcement officer requests that a witness observe an individual in person;  and

(2) the witness is being asked to observe the individual for the purpose of determining whether the witness can identify the individual as the perpetrator of a crime.

(b) An in person witness identification described in subsection (a) shall be recorded by video, unless a law enforcement recording device is not available to the officer and recording is otherwise not practicable under the circumstances.

(c) Failure to comply with the requirements of this section is admissible to support a claim of eyewitness misidentification, if the evidence is not otherwise inadmissible.

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Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-33-4.5-11 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-33-4-5-11/

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