Texas Polygraph Law

Texas Polygraph Landmark Cases:

Admissibility: Inadmissible.

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

		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.)

		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.)

		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.)

		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.

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