Metropolitan Police Department Washington D.C.

Subject:

Polygraph Examinations

Series    Number  Change

304       09

Effective Date

December 19, 1980

Revision Date

August 02, 1985

 

 

 

 

 

 

The purpose of this order is to establish policy and procedures for conduct­ing polygraph examinations. This order consists of the following parts:

 

PART I    Responsibilities and Procedures for

Members of the Department

 

A.   Policy.

B.   Subjects to be Examined.

C.   Requests for Polygraph Examinations.

     D. Preliminary Conference.

     E. Examination Appointment.

 

PART II   Responsibilities and Procedures for Special Assignment Personnel: Polygraph Examiners.

 

PART III Responsibilities and Procedures for Supervisory and Command

          Personnel

 

A.   Officials.

B.   Commander, Criminal Investigations Division.

C.   Director, Internal Affairs Division.

 

PART I

 

A.   Policy.

The department recognizes the polygraph examination as a valuable In­vestigative aid through which a more complete resolution of a criminal investi­gation or an internal investigation may be achieved. Therefore, it shall be the policy of the department that polygraph examinations:

 

1.   Relate to a specific felony or serious misdemeanor case under in­vestigation or to an internal, disciplinary investigation.

 

2.   Not be administered until all conventional methods of closing the case have been exhausted.

 

3.              Be conducted on a voluntary basis.

Publication

 

Effective Date

Page Number

General Order 304.9

 

December 19, 1980

2 of 7

 

 

 

B.   Subjects to be Examined.

 

1.   Polygraph exanimations may be administered to any individual who is a complainant, witness, defendant, suspect, informant, or member of the de­partment provided:

 

a.   A thorough and complete conventional Investigation reveals that a polygraph examination of the individual In question will be a useful supplemental tool In achieving resolution to the Investigation (criminal or internal), rd

 

b.   The individual to be tested voluntarily consents to the poly­graph examination.

 

2.   The following individuals re considered questionable subjects for polygraph examinations and their participation will be left to the final discre­tion of the polygraph examiner.

 

a.   Individuals who:

(1)  Are paralyzed.

(2)  Have had amputations that interfere with the placement of the polygraph instruments.

(3)         Have high or low blood pressure or heart trouble.

(4)         Are suffering from a severe cold or respiratory dis­order.

(5)         Have had Insufficient food or sleep during the preced­ing 24 hours.

(6)         Are narcotics addicts, alcoholics, suffering from with­drawal symptoms, or are under the influence of drugs or alcohol.

(7)         Are under 14 years of age.

(8)         Are distraught due to emotional trauma Incurred as a re­sult of the Incident under Investigation.

 

b.   Females:

(1)  Who have been pregnant for more than 100 days.

(2)  During their menstrual cycle.

 

3.   The following individuals are not eligible for polygraph exami­nations.

 

a.   Individuals who are mentally retarded.

b.              Individuals who are psychotic.

 

 

Publication

 

Effective Date

Page Number

General Order 304.9

 

December 19, 1980

3 of 7

 

 

 

C.   Requests for Polygraph Examinations.

 

1.   Requests for polygraph examinations shall be submitted, in writ­ing, as expeditiously as possible, after a thorough and complete conventional In­vestigation reveals that a polygraph examination will be a useful supplemental tool in achieving resolution to the Investigation (criminal or Internal).

 

2.   Requests shall Include:

 

a.   The full name of the subject to be examined.

b.   The name of the member handling the case.

c.   A brief synopsis of the investigation (criminal or Internal).

d.   The reason the polygraph examination is being requested.

 

3.   Requests shall be routed as follows:

 

a.   CID Branch Commanders who desire to have a polygraph examina­tion administered in a criminal investigation under their supervision shall submit their request, in writing, to the Commander, Criminal investigations Division. These examina­tions will be conducted by the polygraph examiner assigned to CID.

 

b.   All requests submitted by officials in conjunction with in­vestigations involving members of this department and crimi­nal investigations which are not under the supervision of the Commander, CID, shall be submitted through channels to the Director, Internal Affairs Division. These examinations will be conducted by the polygraph examiner assigned to IAD.

 

D.   Preliminary Conference.

 

1.   If approved, the requesting member will be contacted by the poly­graph examiner to arrange for a mutually acceptable time for a preliminary con­ference.

 

2.   If disapproved, the requesting member will be advised, in writing (FL-32) of the reason(s) for disapproval.

 

 

 

 

Publication

 

Effective Date

Page Number

General Order 304.9

 

December 18, 1980

4 of 7

 

 

 

3.   The requesting member shall bring all pertinent records to the preliminary conference. These records shall include, but are not limited to:

 

a.   Crime reports.

b.   Investigative reports.

c.   Background information on the subject to be examined.

d.   Any statement of denial or admission made by the subject.

e.   Tape recordings.

f.   Newspaper articles, etc.

 

4.   The requesting member shall Inform the polygraph examiner of all pertinent details concerning the Investigation (criminal or Internal) and the subject to be examined so that the polygraph examiner is completely Informed about all facets of the investigation.

 

E.   Examination Appointment.

 

1.   The polygraph examiner will set an appointment date for the poly­graph examination. If, for any reason, the appointment cannot be kept, the poly­graph examiner shall be notified immediately and the examination shall be re­scheduled.

 

2.   The subject to be examined shall be advised that:

 

a.   All polygraph examinations are strictly voluntary.

 

b.   The results are not acceptable in Court as evidence against him/her unless all parties enter a stipulation agreement.

c.   The test does not constitute a criminal record.

d.   The entire procedure will be explained to him/her by the polygraph examiner.

e.   He/she will suffer no discomfort during the polygraph exami­nation.

f.   He/she will not receive any injections.

 

3.   The requesting member shall avoid disclosing to the subject to be examined any details or facts established during the Investigation (criminal or Internal) or any facts that could only be known to the perpetrator of the crime.

 

 

Publication

 

Effective Date

Page Number

General Order 304.9

 

December 18, 1980

5 of 7

 

 

 

4.   The subject to be examined shall not be Interrogated on the day of the examination since to do so may produce an exhausted or antagonistic subject that will not be a suitable subject for examination.

 

5.   If the subject to be examined does not speak English, the request­ing member shall arrange for an interpreter.

 

6.   The requesting member shall accompany the subject to the polygraph examination. In addition, juveniles to be examined must also be accompanied by their parent or legal guardian. The parent or legal guardian must remain in the office, although not in the same room in which the test is being conducted, during the entire polygraph examination.

 

7.   The requesting member shall witness the signing of the polygraph consent form (UN Form 642) by the subject to be examined. Polygraph consent forms signed by juveniles must be countersigned by their parent or legal guardian.

 

8.   The requesting member shall be prepared to remain at the examina­tion site for whatever length of time is necessary to complete the examination.

 

PART II

 

Polygraph Examiners shall be responsible for:

 

1.   Determining whether or not a person Is suitable, according to this order, for a particular polygraph examination.

 

2.   Conducting the polygraph examination.

 

3.   Determining the areas to be covered by the polygraph examination.

 

4.   Determining the test questions.

 

5.   Independently interpreting the chart tracings.

 

 

 

 

 

 

 

 

Publication

 

Effective Date

Page Number

General Order 304.9

 

December 18, 1980

6 of 7

 

 

 

6.   Preparing a written report of his/her findings including his/her opinion as follows:

 

a.   Deception indicated - The subject was untruthful in respond­ing to the relevant questions.

 

b.   No Deception Indicated - The subject was truthful in respond­ing to the relevant questions.

 

c.   Inconclusive - The polygraph examiner was unable to determine the truthfulness or untruthfulness of the subject and the ex­amination should be rescheduled. The subject has, the same status as if no examination had been administered.

 

d.   No opinion - An examination was initiated, but not completed. (This could be caused by a variety of reasons and resched­uling the examination is at the discretion of the examiner).

 

7.   Making the results of the polygraph examination available to:

 

a.   The subject examined or his/her attorney.

b.   The requesting member or his/her commanding officer.

c.   A judge or as directed by a subpoena (see General Order 701.4; Service of Civil Summonses and Subpoenas Upon Members of the Department).

 

NOTE:     There shall be no exceptions to the move criteria with­out the prior approval, of the Director, Internal Affairs Division, or the Commander, Criminal Investigations Division, if the polygraph examination involves am In­vestigation initiated by a member of his/her respective command

 

8.   The proper care, maintenance, and storage of the polygraph instru­ment and all accompanying attachments. In addition, the CID polygraph examiner shall return his/her instrument to the Internal Affairs Division at the aid of each 60 day period for cleaning and maintenance.

 

9.   Safeguarding the instrument and all accompanying attachments (i.e., unauthorized persons shall not be allowed to touch, handle, or operate the instrument).

 

 

 

Publication

 

Effective Date

Page Number

General Order 304.9

 

December 18, 1980

7 of 7

 

 

 

PART III

 

A.   Officials shall be responsible for:

 

1.   Discussing investigations (criminal or internal), on an individual basis, with the requesting member prior to the submission of a written request for a polygraph examination.

 

2.   Routing requests for polygraph examinations as required in Part IC3a and b.

 

B.   Commander, Criminal Investigations Division.

 

The Commander, Criminal Investigations Division shall be responsible for reviewing requests from members of his/her command and making a determination as to whether sufficient justification exists to warrant approval of the request for a polygraph examination.

 

C.   Director, Internal Affairs Division.

 

The Director, Internal Affairs Division, shall be responsible for re­viewing all requests, Other than those handled by the Commandeer, Criminal Inves­tigations Division, and making a determination as to whether sufficient justifi­cation exists to warrant approval of the request for a polygraph examination.

 

 MTT:TAB:jtw  General Order No. 304.9 (Revised 8/2/85)