NCJ Number
85427
Journal
American Journal of Police Volume: 1 Issue: 1 Dated: (1981) Pages: 37-45
Date Published
1981
Length
9 pages
Annotation
Judicial decisions bearing upon the use of the polygraph in police internal investigations are presented, and guidelines for the use of the polygraph in such circumstances are suggested.
Abstract
Judicial precedent has established that the chief of police or sheriff may require an officer to submit to a polygraph examination as part of a bona fide internal investigation or be subject to employment termination. In using the polygraph in internal investigations, guidelines should be developed to promote administrative efficiency and protection of the officer involved. The polygraph examination should be considered only a part of a thorough internal investigation and be administered only when it appears highly probable that a violation of the law or departmental regulation has occurred. Further, the officer undergoing examination should be informed of applicable constitutional and departmental rights, including the right to have legal counsel present during the examination. Also, departmental policies and procedures governing internal investigations and polygraph examinations should be part of the policy and procedure manual. To minimize resistance and apprehension over the fairness of the examination, an outside agency should be employed to administer the test. Considering court decisions, the department should not request that the officer waive immunity from criminal prosecution. Finally, to ensure fairness and the sincerity of the complaint against an officer, the citizen complainant should also be requested to submit to polygraph examination prior to the examination of the officer. Three references are listed. (Author summary modified)