Should I Take a Polygraph Test If Requested To Do So By the Police?
Posted: Saturday, December 13, 2008
by Matthew Ruff
Criminal Defense Attorney
Every day in this country people are contacted by law enforcement as suspects in active police investigations. The intent of most contacts is not to discuss the weather or local sports but to obtain facts and information that will build a case that can be sent to the District Attorney for criminal prosecution. Commonly, during the course of the contact the target suspect will be asked to come down to the station and submit to a polygraph examination, after all, they are often told, if you have nothing to hide the machine will clear you and "you can go about your business".
Most experienced criminal defense lawyers and other professionals, including judges, will advise a client to not take a polygraph at the request of police. Instead, the detective should be asked to allow the suspect, through his or her attorney, to choose an independent polygrapher and conduct their own test and submit the results to the police. This is preferred because it gives the attorney control over the manner of the testing and ultimate reliability.
Another option is to request that the results be admissible in Court through a stipulation of the criminal defense Lawyer and the local District Attorney. The bottom line is they will usually not agree to these terms but it gives the criminal suspect a polite "out" to refuse to submission of the polygraph. Based on my experience in the area of criminal defense, police are instructed not to make any representations regarding how the polygraph will be used in Court.
The machines themselves are not known to be reliable and therefore are not otherwise admissible in a criminal case. The devices are subject to manipulation by the examiner and are very subjective in terms of the results. A polygraph machine can be manipulated by artful questioning and careful preparation of the subject. A Los Angeles Criminal Defense Attorney familiar with all the issues should be retained immediately if a person has been alleged to have committed a criminal offense
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Top-level comments on this article: (4 total)Very informative article on what to avoid when asked to submit to a polygraph or lie detector test, written by an experienced lawyer.
I'm glad I read this. My friend was murdered and for some reason they want me to take a poly even though they have witnesses and reciepts and other evidence that eliminate me as a suspect.. I was all gung ho wanting to take it until I read this info and articles like it, I am instead going to get an independant poly done. The detectives know good and well they can make me get very emotional talking about my friend and I suspect this is why they want me to take a poly.. whats sad is they also know good and well I have nothing to do with the crime yet they still want to make me squirm for some reason. On the remote chance they are comparing my results to someone else that in fact may be lying I am still getting it done, just in a reliable way in case they are looking for a scape goat.thanks for this!
the police wants me to take a polygragh after year of my girlfrnd ex husband allegations on me touching his son and mother was there watching me do it
NOONE should take a polygraph, allow a home search and seizure, or place themselves at the mercy of a suspicious police officer, unless there is a warrant or court order. Polygraphs are by no stretch of the imagination always accurate. Know your rights, and protect them.
Too many people with 'nothing to hide' have been dragged into a case due to giving consent for things that turned out to be 'iffy" in the eyes of a detective.
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