Are Polygraph Tests Admissible in Court?
For decades, law enforcement has attempted to use polygraph tests in court to persuade juries a suspect was guilty. Polygraphs are also known as lie detector tests, and their reliability has been challenged since they were first invented. In California, a polygraph test is not admissible in court except under very limited circumstances. Additionally, you never are required to submit to a lie detector exam and should never agree to one without first consulting a defense attorney.
California Prohibits Admission of Polygraph Tests
Because of their suspect reliability, California law does not allow the results of a lie detector test to be admitted as evidence in court. The only exception to this rule is if both the prosecutor and defense attorney have agreed that a jury may hear the results of a polygraph test.
Not only the results of the test are barred from evidence. Testimony regarding whether the police requested a polygraph, if you actually took one, or if you volunteered to submit to one cannot be admitted in court without both sides’ approval. Even the fact you declined to take a lie detector exam cannot be told to the jury without your defense attorney’s consent. All evidence surrounding polygraph exams can only be introduced upon mutual agreement between the prosecution and defense.
This does not mean you cannot take a polygraph exam yourself to attempt to prove your innocence. If your lawyer believes this may show the police or prosecution you are wrongly accused, you can sit for a lie detector without having to worry that the results will be used against you.
The Police Cannot Require You Take a Lie Detector Test
Even though repeated studies have shown that lie detectors are not scientifically valid, law enforcement officers often request that any suspect or witness take a polygraph as part of their investigations. Sometimes, the test can indicate someone is lying when they are telling the truth. In the reverse situation, an individual can repeat falsehoods without the test realizing the subject is lying. In either case, the results can be skewed.
Therefore, if police ask you to take a lie detector, you should consult a skilled criminal defense attorney. It generally is not in your best interest to sit for a polygraph test, even if law enforcement says you are only a witness or “person of interest.” There is no requirement you sit for a lie detector test and answer their questions.
Businesses Are Not Allowed To Force Polygraphs
Both California and federal law prohibit employers from requiring their employees to submit to a lie detector test. Companies are also banned from making potential job candidates sit for polygraph exams. If a company requests that you submit to a lie detector, they are required to advise you that you have the right to refuse. The employer must inform you of your rights before taking a polygraph test. Just as with the police, you should speak with an attorney before agreeing to take any lie detector test at your job.
There are times when taking a lie detector exam may make strategic sense. However, experienced criminal defense attorneys will know when and when not to use polygraphs as a tactic. This is true regarding either police or employment investigations.
If you have been asked to take a polygraph exam in Anaheim, California, contact the Chambers Law Firm and our skilled team of lawyers to schedule a free initial consultation today. We can review your situation and provide valuable advice on how to navigate the situation. You can reach us at either 714-760-4088 or dchambers@clfca.com.
