How Does The Pobar Act Treat Polygraph Examinations?

Under POBAR, the officer has an absolute right to decline to take a polygraph examination. No disciplinary action or other reproach can be taken against an officer for refusing to take a polygraph. Nor can there be any comment to the refusal mentioned in the investigation, testimony, hearings etc. This does not apply to the use of a polygraph examination being used to screen applicants for employment, or applicants voluntarily seeking transfer to a sensitive assignment within a police department.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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