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What to do if…
you are asked to identify someone in a photo lineup or video and you are not confident

Short answer

Don’t guess. Say clearly: “I can’t identify anyone” or “I’m not confident,” and have your exact confidence level recorded immediately.

Do not do these things

  • Don’t “pick the best match” just to be helpful or because you feel pressured.
  • Don’t let anyone tell you that you have to choose.
  • Don’t discuss the lineup with other witnesses or share what you think you saw.
  • Don’t look up the suspect or incident online afterward to “confirm” (it can change what you later remember).
  • Don’t agree with a summary like “positive identification” if that’s not what you meant.

What to do now

  1. Say one unambiguous sentence. Examples: “I can’t identify anyone.” / “I’m not confident enough to make an identification.” / “Number __ looks similar, but I’m not identifying them.”
  2. Ask for a confidence statement to be recorded in your own words right then. Say: “Please write down my confidence level exactly as I said it.” If they offer a numeric scale you don’t want, use plain language (“low confidence,” “not sure,” “cannot identify”).
  3. Ask them to confirm the key instruction: the suspect may or may not be present. You can say: “Can you confirm out loud that the person who did this may or may not be in these photos/videos?” If they won’t, treat that as a reason to slow down and avoid any identification.
  4. If you feel pushed, stop the process. Say: “I’m feeling pressured. I’m going to stop now so I don’t guess.” If needed, ask to speak to a supervisor.
  5. Ask what will be documented about the procedure. Calmly ask: “Will you note the instructions you gave me and my exact response?” If the process is being recorded, ask that it includes the instructions and your confidence statement.
  6. Avoid repeat exposure when you’re unsure. If they want to show you more arrays or repeat the same person again, say: “I don’t want repeat viewing to influence me. I prefer to stop rather than guess.”
  7. If you are a suspect or are being questioned in custody, ask for a lawyer and stop. Say: “I want an attorney. I’m not answering questions or participating further without counsel.” If you’re not free to leave, treat it as serious and get counsel.

What can wait

  • You do not need to decide right now whether the police “did it right.”
  • You do not need to make a bigger statement about the case today.
  • You do not need to keep trying until you “find someone.” If you’re not confident, stopping is a valid outcome.

Important reassurance

It’s normal to be unsure—especially with brief views, stress, poor lighting, masks, distance, or time passing. The safest thing for everyone is accuracy about your uncertainty, not a forced choice.

Scope note

This is first-steps-only guidance for the moment you’re asked to identify someone. Procedures and rights can vary by state and by whether you’re a witness or a suspect, so get local legal advice if you’re unsure.

Important note

This is general information, not legal advice. Best-practice guidance in the US commonly emphasizes clear instructions (“may or may not be present”) and documenting the witness’s confidence statement right away, but implementation varies by agency and state. If you believe you’re a suspect, are under arrest, or feel coerced, get legal counsel before continuing.

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