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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

Produced and maintained by PanicStation.org Published: Last reviewed: Editorial policy USA guide

Short answer

Do not guess or choose the closest match. Say clearly: “I cannot identify anyone” or “I am not confident enough to make an identification.” If you identify someone, ask that your confidence be recorded immediately in your own words; if you do not, ask that your exact response be recorded.

Do not do these things

  • Do not choose the best match just to be helpful.
  • Do not make a choice because someone suggests that you must choose someone.
  • Do not turn uncertainty into a guess because material is shown again.
  • Do not discuss the lineup or presentation with other witnesses.
  • While the identification process is ongoing, do not search online for images or review posts to try to confirm who the person might be.
  • Do not agree with a summary such as “positive identification” if that is not what you said.

What to do now

  1. State your answer plainly. Say: “I cannot identify anyone,” or: “I am not confident enough to make an identification.”
  2. Ask for your exact words to be recorded. If you identify someone, ask that your confidence be written down immediately in your own words. If you do not identify anyone, ask that your exact nonidentification response be recorded.
  3. Ask for the key instruction to be confirmed for a photo array or lineup. Say: “Can you confirm that the person may or may not be included?” If you are being shown a different kind of recorded presentation, ask what instructions apply and repeat that you will not guess.
  4. Take the time you need. If the instructions are unclear, ask for them to be repeated. Do not turn uncertainty into a guess.
  5. If you feel pressured, say so. Say: “I am feeling pressured, and I do not want to guess. I would like to pause.” Ask to speak to a supervisor if needed.
  6. Ask what will be documented. Ask whether the instructions, your exact response, and any repeat viewing will be recorded or noted in writing.
  7. If material is shown again, ask whether it is a repeat. Ask that any repeat viewing be noted. Keep your answer based on your memory of the incident, and do not turn uncertainty into a guess merely because you have seen material again.

What can wait

  • You do not need to decide now whether the procedure was handled correctly.
  • You do not need to reconstruct every detail of the incident while looking at the lineup or presentation.
  • You do not need to keep trying until you choose someone.
  • You do not need to make wider decisions about the case during this moment.

Important reassurance

Uncertainty can happen, especially when the original view was brief, stressful, distant, poorly lit, partly covered, or some time ago. An honest statement of uncertainty is appropriate and useful. Not identifying anyone is a valid response.

Scope note

These are first steps for the moment you are asked to identify someone. Procedures can vary by state, agency, and the type of presentation being used. Later questions about the procedure or your legal position may need advice from a local lawyer.

Important note

This is general information, not legal advice. Common official guidance materials for photo arrays and lineups describe safeguards such as telling a witness that the person may or may not be present, avoiding pressure or feedback, separating witnesses, and recording confidence in the witness’s own words when an identification is made. Practices can vary by agency, state, and the type of presentation being used.

Additional Resources

Closely connected guides that may be useful during the same situation or its immediate aftermath.

About this guide

This guide was produced and is maintained by PanicStation.org using its published editorial process. Official and specialist sources are checked where relevant, and AI-assisted tools may be used for drafting, organisation, and consistency checks. The site operator remains responsible for publication, revision, and removal decisions.

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