Polygraph tests, or lie detector tests, measure a variety of physical attributes to determine if a person is lying or not. Commonly, polygraph tests will measure changes blood pressure, heart rate, breathing rate and amount of perspiration, or sweat, in relation to the questions being asked. Most polygraph tests will start with basic questions, such as confirmation of name and address, to establish a base line reaction. While polygraph tests are featured widely in television shows and movies, they actually are not used that commonly in real life criminal proceedings.
In most states, polygraph tests are inadmissible in court. Polygraph results are inadmissible because it does not pass the Frye Test. The Frye Test states that polygraph evidence needs to be acknowledged by the general scientific community as accurate, to have a qualified test conductor and to be proven that proper procedures were followed. Because the scientific community does not agree on the accuracy of polygraph tests, the tests are generally not allowed in criminal proceedings. However, some states, including California, Arizona, Georgia and Florida will allow polygraph results in court, only if both parties allow for the test to be administered and the results to be revealed. In all other states, polygraph results are inadmissible in court unless there exists a rare and unique set of circumstances that convinces the judge to allow the polygraph results.
While polygraph tests are mostly inadmissible in court, they can still be used by the police and other law enforcement groups during the course of an investigation. Polygraph results are sometimes used by law enforcement to establish probable cause in order to obtain a search warrant. While the polygraph results cannot be used in court, evidence found through the search warrant would be able to be presented. Anyone subjected to a lie detector test by law enforcement should consult with a defense attorney first.
While polygraph tests are used widely in the media, the truth is that these test results are generally banned from courtrooms in criminal proceedings because of their unreliability. Law enforcement, however, can still use polygraph tests in order to obtain warrants, which may lead to admissible evidence.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.
555 W 5th St 35th floor, Los Angeles, CA 90013
35-37 36th St, 2nd Floor Astoria, NY 11106
85 Broad St 30th Floor, New York, NY 10004
195 Montague St., 14th Floor, Brooklyn, NY 11201