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  1. #1
    Join Date
    Sep 2009
    Location
    Brawley, CA 92227
    Posts
    288

    Default Polygraph for Citizen's Complaint

    California : I emailed the Chief of Police volunteering to take a polygraph and asking if he had any objections asking the officer who fabricated charges against me to take one. He's replied twice but has not answered the question.

    Can I force the cop to take a polygraph? Would it violate his protection against self-incrimination in the investigation of a citizen's complaint?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Polygraph for Citizen's Complaint

    Quote Quoting huntsab
    View Post
    California : I emailed the Chief of Police volunteering to take a polygraph and asking if he had any objections asking the officer who fabricated charges against me to take one. He's replied twice but has not answered the question.

    Can I force the cop to take a polygraph? Would it violate his protection against self-incrimination in the investigation of a citizen's complaint?
    Coupled with the fact a polygraph is not admissible in a court of law, there is no way to force anyone to take a test.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Polygraph for Citizen's Complaint

    Quote Quoting huntsab
    View Post
    Can I force the cop to take a polygraph?
    No, you cannot. Not only would the results be inadmissible in court, state law specifically prohibits an agency from compelling an officer to take a polygraph.

    Your complaint will rest on its merits one way or the other. Must complaints result in a disposition of "unsubstantiated." That means, that the complaint can neither be proven nor disproven and that there is a general belief that SOMETHING happened but it cannot be determined whether the act was within policy or not.

    - Carl

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