Legal References
Polygraph-Related Legal References

Admissibility / Inadmissability
Andrade v. City of San Antonio, 143 F.Supp.2d 699 (W.D. Tex. 2001) (Upholding pre-employment polygraph screening for firefighter positions.) Bradley v. State, 48 S.W.3d 437 (Tex.App. 2001) (Court did not err in refusing to allow defendant to cross-examine state’s key witness with evidence that witness changed his statement after failing polygraph but was not polygraphed to determine truthfulness regarding changed statement.)

Guardiola v. State, 20 S.W.3d 216 (Tex.App. 2000) (Failed polygraph cannot, by itself, constitute probable cause for arrest.)

Hernandez v. State, 10 S.W.3d 812 (Tex.App. 2000) (Court declined to re-examine per se rule excluding polygraph evidence at trial.)

Long v. State, 10 S.W. 3d 389 (Tex.App.-Texarkana 2000) (Although results of polygraph examination are inadmissible, failure of defendant to object to testimony of polygraph results prevents raising the issue on appeal. Had defendant timely raised an objection to the testimony of polygraph examination results, he would have been entitled to a mistrial.)

Ex parte Renfio, 999 S.W.2d 557 (Tex.App. 1999) (Court could properly condition community-supervised probation on periodic polygraph examinations.)

Gomes v. State, 9 S.W.3d 373 (Tex.App. 1999) (Police conduct following polygraph examination not sufficient to overcome voluntariness of defendant’s confession.)

Graham v. State, 3 S.W.3d 272 (Tex.App. 1999) (Order to Air Force cadet to stay overnight unrestrained at command center in military institution pending next day’s polygraph test does not constitute apprehension or custody, as such restriction was a product of cadet’s military status. As such, post-polygraph confession is not a product of illegal arrest or detention. Further, prosecutor’s improper reference to defendant’s polygraph examination during opening statement did not require mistrial, as court gave limiting instruction. Additional reference to polygraph by prosecution was not made subject of objection and, as such, defendant waived right to raise as an issue on appeal.)

Marcum v. State, 983 S.W.2d 762 (Tex.App. 14th Dist. 1998) (Polygraph examination administered as part of a court-ordered condition of probation is not an in-custody interrogation for purposes of triggering the need to give Miranda warning and parolee’s confession to additional crimes during polygraph post-examination interview is admissible in a parole revocation hearing.)

Perkins v. State, 902 S.W.2d 88 (Tex.App. 1995) (Polygraph evidence inadmissible under Rule 702, as it does more than assist trier of fact but, rather, impermissibly decides an issue for the jury. Also, such rule does not violate defendant’s Sixth Amendment right to obtain favorable witnesses.)

See also: Hall v. State, 970 S.W.2d 137 (Tex.App. 1998); Tennard v. State, 802 S.W.2d 683 (Tex.Crim.App. 1990) cert. denied 501 U.S. 1259, 111 S.Ct. 2914, 115 L.Ed.2d 1077 (1991); Chandler v. State, 744 S.W.2d 341 (Tex.Crim.App. 1988); Nethery v. State, 692 S.W.2d 686 (Tex.Crim. App.1985) en banc, cert. denied 474 U.S. 1110, 106 S.Ct. 897, 88 L.Ed.2d 931 (1986); Peterson v. State, 247 S.W.2d 110 (Tex.Crim.App. 1952).
Licensing Laws / License required
TX O.C.C. § 1703.201.
Qualifications: No felony, misdemeanor, or moral turpitude convictions; BA degree or 5 years of prior investigative experience; either polygraph course and 6-month internship or passing of examination. TX O.C.C. § 173.203.
Licensing Organization:
Texas Department of Licensing and Regulation
P.O. Box 12157, Austin, Texas 78711
(512) 463-6599

Toll-Free (in Texas):
(800) 803-9202

Fax: (512) 475-2871

TDD: (800) 735-2989
Statutory Provisions:
A peace officer may not require a polygraph examination of a person who seeks to charge in a complaint the commission of a sex offense, including sexual assault, indecency with a child, and incest. Code of Criminal Procedure, Article 15.051.
If a child is taken into custody under § 52.01 of this code, a person may not administer a polygraph examination to the child without consent of the child’s attorney or the juvenile court. TX Family § 51.151.
This chapter may not be interpreted to permit the results of a truth or polygraph examination to be introduced or admitted as evidence in court. TX O.C.C. § 1703.004.
Department of Criminal Justice – an employee may not be suspended, discharged, or subjected to any other form of employment discrimination by the department for refusing to take a polygraph test. § 493.022.