THE FORMATION OF A NATIONAL
POLICE POLYGRAPH POLICY
A Joint Effort By American Polygraph Association And The International Association Of Chiefs Of Police
With assistance from the American Polygraph Association, the National Policy Center of
the International Association of Chiefs of Police has published its version of a Model
Policy on the Polygraph. This project was supported by Grant No. 93-DD-CX-K009 awarded by
the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice.
The Assistant Attorney General, Office of Justice Programs, coordinates the activities of
the following program offices and bureaus: the Bureau of Justice Assistance, the Bureau of
Justice Statistics, National Institute of Justice, Office of Juvenile Justice and
Delinquency Prevention, and the Office of Victims of Crime. Points of view or opinions in
this document are those of the author and do not represent the official position or
policies of the United States Department of Justice or the International Association of
Chiefs of Police.
Every effort has been made by the IACP National Law Enforcement Policy Center staff and
advisory board to ensure that this model policy incorporates the most current information
and contemporary professional judgment on this issue. However, law enforcement
administrators should be cautioned that no “model” policy can meet all the needs
of any given law enforcement agency. Each law enforcement agency operates in a unique
environment of federal court rulings, state laws, local ordinances, regulations, judicial
and administrative decisions and collective bargaining agreements that must be considered.
In addition, the formulation of specific agency policies must take into account local
political and community perspectives and customs, prerogatives and demands; often
divergent law enforcement strategies and philosophies; and the impact of varied agency
resource capabilities, among other factors.
POLYGRAPH EXAMINATIONS - MODEL POLICY
I. Purpose. It is the purpose of this policy to provide investigative officers and
others with general knowledge of, guidance and procedures for the use of polygraph
examinations.
II. Policy. The polygraph examination is a valuable investigative aid as used in
conjunction with, but not as a substitute for, a thorough investigation. The polygraph may
be employed, consistent with this policy, to verify, corroborate or refute statements;
obtain additional investigative leads; narrow or focus criminal investigations; serve to
screen candidates for positions with this or other criminal justice agencies; and assist
in the conduct of internal police investigations, among other authorized purposes.
III. Definitions. Polygraph: The polygraph is an instrument that records certain
physiological changes in a person undergoing questioning in an effort to obtain truth or
deception. A polygraph simultaneously records a minimum of respiratory activity, galvanic
skin resistance or conductivity, and cardiovascular activity.
IV. Procedures.
A. Requesting Polygraph Examinations.
1. Following approval by their immediate supervisor, employees of this agency may
request a polygraph examination from this agency's authorized polygraphist.
2. Polygraph examinations may be authorized when consistent with state law and agency
policy. Situations in which authorization may be requested and approved include, but: may
not be limited to:
a. requests from the office of the prosecutor as part of an agreement with the defense
attorney or for other investigative purposes;
b. an element of a background investigation of a candidate for a sworn or civilian
position in this agency;
c. requests from other authorized criminal justice agencies;
d. attempts to Verify or reconcile statements of parents or guardians (e.g., in suspicious
cases of missing or abused children) as well as witnesses or other individuals when
alternative investigative means have been exhausted;
e. efforts to confirm or refute an allegation(s) that cannot be verified or disproved by
other evidence;
f. efforts to establish probable cause to seek a search warrant; or g. as part of an
administrative or criminal internal investigation of an officer of this agency or another
criminal justice agency consistent with this policy (see item A.4.).
3. The polygraph should not be used to verify a victims allegation without sufficient
grounds for suspecting that the victim has given false or misleading statements.
4. Requests for polygraph examinations from another law enforcement agency pursuant to
an internal investigation must be in writing and be approved by this agency's chief
executive or his designate.
5. Submission to a polygraph examination must be a voluntary action with the exception
of employees of this agency formally directed to take an examination as part of an
internal investigation. In all other cases, polygraph examinations shall not be
administered without the subject's written approval, waiver or other instrument as
required by law.
B. Preparing for Polygraph Administration
1. The requesting officer is responsible for providing the examiner with all pertinent
information concerning the case and for reviewing, clanging or elaborating on that
information as the examiner may deem necessary. This includes, but may not be limited to:
a. information obtained in the investigation that supports and justifies the use of the
polygraph;
b. copies of crime/offense reports and investigative reports;
c. evidence available and withheld from the subject;
d. background information on the subject to be examined, to include criminal record and
possible motivation;
e. any statements made by the subject, complainants and witnesses to include alibis; and
f. newspaper articles or other general information concerning the case.
2. If the subject is hearing impaired or does not speak English, the officer will he]p
make arrangements for a sign language interpreter or translator as determined by the
polygraph examiner.
In some jurisdictions, such as California, verification of victim statements is not
permissible under state law.
3. Officers shall not interrogate a subject just before he/she is to take a polygraph.
4. In any Interrogation of a suspect who has agreed or who may reasonably be asked to
agree to a polygraph, officers shall not pursue questions that may reveal information only
the perpetrator could know. This includes, but is not limited to:
a. method of entry;
b. property taken;
c. weapons or type of force used to commit the crime;
d. evidence left at the scene;
e. clothing worn by the subject during the crime;
f. unusual acts of the suspect during the crime; or
g. location from which property was taken.
5. Officers shall not attempt to explain procedures that will be used in the
examination but shall advise subjects that these will be explained fully by the examiner.
Subjects may be advised of the following:
a. The examination is voluntary, unless otherwise provided by this policy in cases of
internal affairs;
b. Results of the examination are not acceptable in a court of law unless all parties
agree in advance,2 and
c. Results of the polygraph examination, taken alone, do not provide substantiation for a
criminal charge.
6. Should the subject be late for or cancel the appointment, the requesting officer
shall immediately notify the polygraph examiner.
7. If possible, the requesting officer shall report with the subject and any other
authorized persons--such as attorneys, parents or legal guardians--to the examination
location of the test. The polygraph examiner shall be solely responsible for authorizing
any persons inside the examination or observation rooms.
C. Conducting Polygraph Examinations
1. Only fully trained polygraphists or intern polygraphists under their direction are
authorized to administer polygraph examinations.
2 This is the case in nearly all states. New Mexico is one exception. Agencies should
consult legal counsel for clarification on this point.
3. The polygraph examiner shall make such inquiries of the subject's health, medical
history and/or use of medications as necessary to determine his/her ability to take the
examination. Polygraph examinations shall not be conducted on any person whom the examiner
reasonably believes to be physically or emotionally unsuitable for testing. This may
include but is not limited to persons with heart conditions, women who are pregnant and
individuals taking certain types of medication that may interfere with test results. When
in doubt, the examiner may seek guidance from medical or psychological professionals as
authorized by this agency and/or request the examinee to obtain a medical certificate from
an appropriate health care provider.
4. An examiner shall not conduct a polygraph examination upon a subject if it is felt
for any reason that an unbiased examination cannot be given.
5. Where appropriate, the examiner shall read Miranda rights to the subject and explain
the voluntary nature of the test. Where required, the examiner shall obtain a signed
consent prior to administering the examination as well as a signed waiver of Miranda
rights.
6. An examination shall cease immediately if requested by the subject.
7. Prior to the test, the examiner shall explain the polygraph procedure to the subject
and prepare him/her for the examination.
8. The examiner shall be responsible for preparing all questions used in the
examination. Prior to the examination, each test question shall be reviewed with the
person being tested.
9. The examiner shall independently interpret the chart tracings and render an opinion
on findings that includes, but is not limited to, one of the following conclusions:
10. The polygraph examiner shall determine if a second polygraph examination is
necessary and appropriate.
D. Pre-Employment Examinations
1. The polygraph examiner shall review all relevant applicant screening reports,
applicant personal history summaries and any prior polygraph examination reports prepared
by this agency before conducting the examination.
2. Pre-employment polygraph examinations shall be scheduled by authorized members of
this agency's personnel authority according to established agency policy.
3. Polygraph examinations shall not be used as the sole determinant of suitability for
employment.
4. Candidates shall be provided with a list of questions that may be used in the
examination.
E. Equipment and Record Keeping
1. The polygraph examiner is responsible for the maintenance, safe-keeping and
integrity of the polygraph equipment.
2. The polygraph examiner shall provide such summary activity or statistical reports as
may be directed by the agency chief executive.
3. Unless otherwise provided in this policy or by state law, the polygraph examiner
shall maintain copies of each polygraph report, together with polygraph charts and all
allied papers, for a period of five years and indefinitely in capital offenses.
4. The results of all pre-employment examinations--including chart tracings, polygraph
reports and related examination results--shall be maintained in a secure storage location,
separately from criminal polygraph files. Duration of storage and stipulations for release
of this information shall be governed by state law or the policy of this agency.
F. Examination Rooms
1. Tests and interviews shall be conducted in a clean, neat environment free of audible
and visual distractions.
2. Certificates, diplomas and the like shall be displayed so as not to be in the sight
of subjects during testing.
3. Examiners will be neat and well-groomed, and will dress in a manner consistent with
standards of the professional business community.
a. Duty uniforms, badges and other emblems of authority shall not be worn. This does
not include departmental identification cards, where required
b. Service weapons may be worn if required but should not be openly displayed.
G. Equipment
1. Polygraph instruments used shall be of commercial manufactures and shall have no
fewer than three functioning recording channels.
2. Calibration
a. Calibration charts and/or maintenance logs shall be maintained at the instruments
location or with case files.
b. Calibration checks of instruments should be conducted at least twice per month and
whenever the instrument is moved to a different location.
H. Professional Development
1. Polygraphists are encouraged to participate in career development
opportunities and are required to participate in professionally recognized annual
in-service training.
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