If you were accused of stealing but you are innocent, can the police make them take a lie detctor test?

Question

My husband works for a store, "supposedly" there was alot of merchandise stolen, he was called by the troopers for questioning, he is innocent (I'm sure I would have noticed the merchandise or the money) my question is can the troopers make him take a lie detector test? He's nervous about everything. IF they had any proof they would have arrested him already right? Are they just fishing to get someone to take the blame?

Well, we did contact a lawyer and 3 of our city police officials...they all said the same thing..don't go to the polygraph. Well, my husband, nervous as always, decided to go there and get it over with. When he got there, the polygrapher had cancelled, but failed to call us. So I'm guessing it was a scare tactic. Thank you all for your advice.

Answer 1

My best advice for you is DO NOT take one unless advised by an attorney. If they had proof your husband did it, they would have already arrested him. They cannot make anyone take a lie detector test, especially if they haven't been arrested. Part of being arrested is being read your Miranda rights which include "The right to remain silent" and "The right to consult with an attorney". Let the attorney make the decision. Regardless of whether your husband is innocent or not, the people administering the test are specially trained in getting answers out of people. Same as people doing interviews. They will twist anything said out of context to the point where you second guess yourself. You can only be made to take one by a judge and it won't get up to that point.

I tell you this from my own personal experience. I was read my rights and scared into taking a lie detector test for something I knew I never did. They threatened to not let me see my family by putting me in jail for months until a trial starts. I knew I didn't do it so I felt I had nothing to hide. So I didn't get a lawyer and took a lie detector test. I failed but it was due to the fact that the questions that were asked had twisted my words around so my answers were out of whack and contradicting other questions they asked. In the end, they let me go home and nothing happened. I was innocent and knew it but they try to find everything they can to show otherwise and a lie detector test proves it. A few years later, with a different situation and being a lot more educated on the law, I was questioned about another thing but this time, knowing I was innocent and that they were trying to find anything they can to put someone away, I asked for a lawyer once my rights were read. They cut me loose and my lawyer contacted them. I never heard back from them until two weeks later when they found the real person and arrested him. I seem to have bad luck with getting caught up with these situations but the truth comes out in the end and yours will too.

According to the law, anything said or confessed prior to the reading or your rights is inadmissable in court. So no harm will come in answering questions as long as your husbands rights haven't been read to him. However I still wouldn't advise it. Consult a lawyer if it comes down to it and let them earn their money. If your husband didn't do it and they are questioning everyone, it sounds like they are trying to figure it out themselves but don't let them put your husband on the defense for something he didn't do. When in doubt, ask for a lawyer.

Good Luck

Answer 2

The first alarm bell in my mind is caused by a previous answerer saying you don't have to talk with the police if you do not want to. That is wrong. If you are contacted by a law enforcement officer and they want to question you and you don't talk there is a very very remote possibility you could be charged with obstruction. Over a simple larceny, this is very improbable.
If he were to submit to a lie detector test, there are a couple things to consider. I don't believe any court yet allows the results to be considered as irrefutable evidence. Also, any good examiner will notice, and subsequently point out in a later evaluation of results to an outside party [such as the court], the "baseline" parameters such as already higher than usual pulse and respiration rates.
Without real evidence giving them probable cause, they won't make an arrest. So, since your husband is innocent, there isn't any real evidence. My question to you, which I am sure an officer or someone investigating the crime has also asked, is if there are any other potential suspects?
Going along with yet another answerer: Yes, consult an attorney. They can definitely help and guide you through any further situations relating to the incident.

Answer 3

The trooper can't "make" him take a polygraph. Polygraphs are voluntary and are often used in incidents of internal theft where there are several suspects all with the opportunity to steal the items, but not much hard physical evidence to prove who did it.
Just because he is a nervous fellow won't make a false positive show up on the polygraph. He won't have to take the polygraph, but it is an excellent way to clear his name.

I find it funny that you would say "I'm sure I would have noticed the merchandise or the money" as the reason for believing your husband did it and not "he's an honest person and I know he wouldn't do such a thing".

Answer 4

No.
He does not have to take a polygraph. Polygraph results are inadmissable in court anyway.
He also doesn't have to speak to the police at all. I refer you to the Miranda warning which typically goes as follows:
"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you."

Some posters above forgot that there is a presumption of innocence.

Silence is golden. He has the absolute right to remain silent. Make sure he uses it.

Good luck.

Answer 5

as far as I am aware lie detectors aren't allowed to be used in a court of law in england as they are not 100% reliable.

If he hasn't been charged by the police and there is no cctv footage he took anything any no evidence he has been handling stolen goods there is very little proof he has done anything wrong.

Maybe they are just questioning everyone at the workplace to get an idea of what has happened etc.

In any case it is probably wise and will put your minds at ease if you consult a lawyer or your local citazens advise buereu.

Answer 6

as of now, with what you're saying, hubby's a suspect. it wouldn't matter if you've seen the stolen goods. the troopers can't make hubby take the lie detector test, but IF he refuses, that will make him an even bigger suspect AND can give the troopers a reason to get a subpeona for court, a court order for hubby to take the test (which by law he has to do if there's a court order), a warrant for his arrest or be held in jail for contempt (if it comes to trial)

Answer 7

Do not, under any circumstances, take a polygraph test under these circumstances. They will only use it as a tool to interrogate him by saying that he is being deceptive. Tell him to consult with an attorney immediately. It does NOT make him look guilty, and they cannot use the fact that he invoked his Sixth Amendment right to counsel against him.
By the way, if they already had probable cause they would have arrested and charged him.

Answer 8

No defendant can be forced to take a polygraph (lie detector). I recommend getting an attorney, even innocent people can use one during police interrogations. Don't let the police intimidate you by saying, "innocent people don't need attorneys" and "if you have nothing to hide, you could answer our questions without an attorney."

Answer 9

Is he the only one under suspicion? Don't know whether they can make him take one or not under your state's laws, but lie detector tests are not usually allowed in court so if he failed cause of nervousness (they do fail, that's why the courts won't accept them) it probably cannot be used against him in court but that does not mean he would not lose his job and/or be arrested.

Depending upon your state's laws and the competence of your town's law enforcement, proof may or may not be an issue in arresting him and they can arrest you later if they want.

I was arrested for something I did not do without any evidence, only people's lies some of which could have been proven lies if the cop had done the simplest parts of an investigation. Instead, the cop added her own lies to do me in just as the evidence was being uncovered to exonerate me fully, and the public defender's office is so overloaded and underfunded that they do not actually do work on people's cases, they can't (they sued about this in New Orleans and won, I'm waiting for the suit in my town) and the police in my town know it so they are free to lie in their police reports, ignore evidence, and arrest and persecute innocent people. Yes, I mean persecute not prosecute.

I learned the cops often don't care who the guilty party is as long as they can close the case and get a browny point with their supervisors. After all, it's not their lives that are being ruined with false accusations, arrests, convictions, and all the accompanying economic, professional, social, and mental health loses. Finding the real culprit takes effort, more than they are often willing, and more than they usually have time for. Don't trust even the cops who seem like they want to help, this is likely a setup to simply stab you in the back after you cooperate and try to help with the case. This is what happened to me. Police forces, like every where else in our society, are full of people with various personality disorders and a lack of commitment to justice and ethics. Do what you can to protect yourself.

He may want to start calling lawyers if it looks like they are keeping him under suspicion. He can file a civil suit later for false accusations, lost job, ruined reputation, duress, etc. if it comes to that. If I were him, I would not talk with the police or anyone else at this point without having a lawyer present because later people will lie and misrepresent what he has said if they want to make him the scapegoat on this. Cops lie but juries believe them, after all, "they're the good guys." And there are a few good ones, but you don't know that there are good ones on this case.

Remember, he does not have to say anything to them unless there is a lawyer present, that is his right and all he has to say is, I'm not answering any questions without a lawyer because I have no guarantee this process is going to be fair nor just, I am innocent and I must protect myself.

When the accusations were first made at me, I thought they would be easy to defeat since there was absolutely no evidence because the things I was accused of never happened. It turned out that made not one bit of difference. This is a world full of injustice. Protect yourself.

He may want to start looking for a new job as well, not a good idea to stay in a workplace where something like this happens because it or other damaging nonsense will likely keep happening and innocent people do get convicted, do go to jail, do go to prison, and do have their lives torn apart.

Good luck and God bless.

Answer 10

That depends on the agreement entered into with his employers at the onset of his job. If he signed anything that gave them the right to use a polygraph then yes, he must submit. If not he can refuse. If he is innocent then he should contact an attorney to protect his rights.