Should I Agree to Take a Lie Detector Test?

This question usually comes up in one of two ways. Either an employer who suspects an employee of stealing or some other misconduct asks the employee to take a lie detector test, or the police offer such a test to a suspect or witness. In either situation, if you are the person asked to take such a test, you may feel pressured into consenting.

Clients often tell me they agreed to a test because their employer, or the police would believe that they are guilty if they refused. Of course employers and police officers rely on this this feeling to coerce you into giving up your constitutional rights and submitting to an interview where everything is in their favor and you have nothing on your side. The first thing you should know when asked to take a lie detector test is they already think you're guilty.

Lie Detector Test Do Not Prove Innocence

Testing costs money, and the company or police wouldn't be wasting money and time testing people who aren't suspects. The main purpose of a lie detector test is to get you alone in an interview room with someone who will do their best to get a confession or incriminating statement out of you. No matter what the police or your employer says, it is not to prove your innocence, or eliminate you from suspicion. "Passing" a lie detector test will not prevent your employer from firing you. Nor will it prevent the police from arresting you if they have other evidence against you. Even worse, if you pass the test you probably will not be able to use that test result in court to fight your case.

They are Not Reliable

There is a reason that lie detector test results are not generally admissible in court in Ohio. These tests have not been proven to be reliable. The two best known lie detector tests are the polygraph and the voice stress analysis test. Both tests measure certain physical reactions that people generally experience when lying, because they feel guilty or ashamed about telling a lie. No test can actually detect the truth of a statement, or actually tell whether you believe it to be true. It can sometimes detect whether you are nervous or upset. Of course some people don't feel guilty or nervous about lying, and you might be nervous or upset or ashamed for other reasons. Just being accused can produce a nervous reaction. A biased operator can deliberately or subconsciously misinterpret the results of your test.

Voice Stess Test

The voice stress test is generally considered to be "junk science" by the courts. It is not generally accepted as accurate by the scientific community, and the results are not admissible in evidence. It is used by the police as a way to get suspects alone in an interrogation room because it is cheaper than a polygraph, and no one needs to be trained in proper use, since the court will not allow the results in evidence anyway.

Polygraph

The polygraph test has a longer history of use, and more studies have been done on its accuracy. It is generally believed to be more reliable than a voice stress test, but no reliable expert will claim that it is always right. Because the machine requires a trained operator to interpret the results, the experience and impartiality of the operator is very important in determining reliability. If you let someone else chose the operator and the questions, you have no control over reliability.

Admissibility in Court

Ohio does occasionally allow polygraph results to be used in trial, but ony in very limited circumstances. Both sides have to agree in writing before the test is administered that the results will be admissible, no matter who they favor. Even then, a judge must determine that the operator was qualified and that he followed proper procedure in administering the test. The police cannot make this agreement with you. The prosecutor assigned to your case must agree. If the police are asking you to take a test to clear yourself, you should know that you will not be able to use the result at trial, because no prosecutor has signed an agreement in advance.

There are No Benefits to Taking the Test

If your employer fires you, and you try to get unemployment, or sue for improper discharge, the test result won't be admissible at that trial without a signed agreement in advance, even if your employer claims he fired you for stealing and you passed the test. You have little or nothing to gain from taking such a test, but you might have a lot to lose. Neither the police nor your employer will want you to consult an attorney first, or have one present for the test. This should be a warning sign that they are lying when they say the test will help you! There is no legitimate reason why anyone trying to help you would want to keep you from talking to your lawyer, or from having advice of counsel while being questioned.

Use Your Right to a Lawyer

If you are asked to take any lie detector test by an employer or police officer, you should immediately ask for an attorney, and refuse to answer any more questions until you have talked to one. Even if you refuse the test, you are still in jeopardy if you continue to talk. The request for a test tells you that you are suspected of improper or criminal acts. Once you know you are a suspect, you should speak to an attorney before saying anything else. Don't listen to any threats, offers of "help" or suggestions that you can clear things up with a little information. Ignore any suggestion that getting a lawyer involved will force them to arrest you, or will eliminate any chance to cooperate or clear your name. These are common tactics to get a confession from you and keep you from getting advice from your attorney. Be firm in your request for an attorney. If you are unsure, or afraid to positively state you want counsel, you will be ignored. Demand an attorney, and don't say anything else until you get one.