NCJ Number
2696
Journal
Police Chief Dated: (FEBRUARY 1971) Pages: 52-54
Date Published
1971
Length
3 pages
Annotation
SUPREME COURT DECISIONS AND OTHER CASES ON THE LAW GOVERNING THE RIGHT OF A POLICE OFFICER TO REFUSE A SUPERIOR'S REQUEST TO TAKE A POLYGRAPH EXAMINATION.
Abstract
MOST CASES HAVE HELD THAT A POLICEMAN'S REFUSAL TO SUBMIT TO A LIE DETECTOR TEST OR TO ANSWER QUESTIONS WHEN ORDERED TO DO SO JUSTIFIES HIS DISMISSAL, IF THE QUESTIONS TO BE ASKED RELATE DIRECTLY TO HIS POLICE ACTIVITIES. ALTHOUGH THE RESULTS OF POLYGRAPH EXAMINATIONS ARE NOT ADMITTED AS EVIDENCE IN JUDICIAL PROCEEDINGS, THE COURTS HAVE RECOGNIZED THE VALUE OF LIE DETECTOR TESTS AS INVESTIGATIVE TOOLS IN POLICE INTERNAL INQUIRIES. IN CRIMINAL CASES THE FIFTH AMENDMENT PROHIBITS THE ADMISSABILITY OF ANY STATEMENTS MADE BY AN OFFICER WHO WAS ORDERED TO ANSWER QUESTIONS OR WHO BELIEVED HE WOULD LOSE HIS JOB IF HE FAILED TO COOPERATE. (AUTHOR ABSTRACT MODIFIED)