2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule § 252.1 - RULES TO BE FOLLOWED IN LINEUP

(a) Applicability.— The rules established hereinbelow shall be followed whenever any peace officer subjects a suspect to a lineup for the purpose of identifying the possible perpetrator of a criminal act.
(b) Advice from counsel.— If at the time of the lineup, an arraignment or accusation has already been filed against the person object of the proceedings, he shall be entitled to the presence of counsel while the lineup is being carried out and to this effect he shall be advised with sufficient time prior to the lineup.
The person may waive his right to legal assistance during the lineup through a waiver written before two (2) witnesses who must also sign said waiver.
In the event the suspect is interested in having his counsel present and he so states, notice shall be served on the counsel he designates with sufficient time prior to the lineup. In case of an indigent person, or if counsel does not appear, he shall be furnished legal assistance to that effect.
(c) Participation of the suspect’s counsel in the lineup.— The participation of the suspect’s counsel in the lineup shall be governed by the following rules:
(1) The suspect’s counsel shall be allowed to witness the entire lineup proceedings.
(2) During the lineup, he shall be allowed to hear any conversation between the witnesses and the police.
(3) He shall not be allowed to examine any witness during the lineup.
(4) The counsel may inform the officer or official in charge of the lineup of any violation of these rules and if the former should consider that said violation is being committed, he shall correct the same.
(d) Lineup composition.— The lineup shall be composed of at least four (4) persons in addition to the suspect and shall be subject to the following conditions:
(1) Persons forming the lineup shall have physical appearance similar to that of the suspect with regard to sex, color, race, and as far as possible, their height, age, weight, and attire shall resemble the suspect’s.
(2) In no case shall there be more than one suspect in each lineup.
(3) Visible indications clearly pointing to the suspect in the lineup shall not be permitted.
(e) Lineup proceedings.— Proceedings during the lineup shall be carried out in accordance with the following rules:
(1) Prior to the lineup, witnesses shall not be allowed to see neither the suspect nor the other persons in the lineup.
(2) Witnesses shall not be informed before the lineup that a suspect has been arrested.
(3) No information shall be furnished about the persons in the lineup.
(4) If two (2) or more witnesses are to participate as identifiers, they shall not be permitted to communicate with each other before or during the identification, and each one shall make the identification separately.
(5) The witness shall observe the lineup and with the least interference from the peace officers, he shall identify in a positive way the perpetrator of the criminal acts, if the latter is present in the lineup.
(6) If the suspect is required to say any phrase, make any movement or wear certain clothes, the other persons in the lineup shall be required to express, act or dress likewise.
(7) In no case shall there be suggested to the witness the person he shall select, whether expressly or otherwise.
(f) Record of the proceedings.— In all proceedings conducted pursuant to these rules, a brief record shall be drawn up by the person in charge of the lineup.
In said record, shall be included the names of the persons forming the lineup, names of other persons present, and a brief summary of the proceedings observed.
Also a photograph of the lineup just as it was shown to the witnesses shall be taken as many times as necessary for it to be clear. Such photograph, as well as the drawn-up record shall be part of the corresponding police or prosecutor’s file and its obtention by a defendant shall be governed by the rules of criminal procedure in force.
History —Added on July 23, 1974, No. 199, Part 2, p. 82, § 1, eff. 60 days after July 23, 1974.