Can You Refuse a Lie Detector Test From Police?

Lie detector tests are often used to investigate crimes.

More accurately called a polygraph, the lie detector test is used by federal, state and local law enforcement. The modern polygraph detects changes in blood pressure, pulse, breathing, perspiration and body temperature. The results can then be interpreted to help determine if someone is lying during questioning.

Legal Rights

The Fifth Amendment of the U.S. Constitution protects against self-incrimination, and this has been interpreted by the courts to include the right to remain silent. You have the right to refuse a lie detector test from the police for whatever reason. This decision cannot be used against you in court.

Warning

Regardless of any psychological pressure from law enforcement officers, a polygraph test is voluntary. Refusing the test or requesting an attorney cannot be used as grounds for arrest or proof of guilt.

Admissibility

There is no consensus by the U.S. Supreme Court on the admissibility of polygraph evidence in a trial; it depends on individual jurisdiction or the presiding judge. In some states, polygraph results can be presented as evidence in court or used to obtain a search warrant. Speak with a defense attorney and decide if it is in your best interests to submit to a polygraph.

Exceptions

In Florida, previously convicted sex offenders can be compelled to submit to a polygraph test. However, these test results cannot be used in court and are exclusively for rehabilitation purposes.

References

• The Free Dictionary: Lie Detector
• Legal Match: Admissability of Polygraph Tests in Court Lawyers
• Law Info: Do You Swear to Tell the Whole Truth? The Admissibility of Lie Detector Tests
• Med Library: Fifth Amendment to the U.S. Constitution

Resources

• CriminalDefenseLawyer.com: Do Any States Allow Polygraph Results In Court?