Boca Raton Police Services Department - Detection of Deception Devices PDF

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Boca Raton Police Department

2007

Daniel C. Alexander

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polygraph deception detection police procedures criminal investigation

Summary

This document details the departmental standards for the use of deception detection devices, including polygraph and CVSA examinations, within the Boca Raton Police Services Department. It outlines the procedures, phases, and considerations for using these tools in criminal investigations and pre-employment processes, while emphasizing guidelines and legal restrictions.

Full Transcript

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 42.240 DETECTION OF DECEPTION DEVICES Revised: October 1, 2007 I. PURPOSE: The purpose of this directive is to govern the use of technical aids used for the detection of deception in criminal investigations and to provide for...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 42.240 DETECTION OF DECEPTION DEVICES Revised: October 1, 2007 I. PURPOSE: The purpose of this directive is to govern the use of technical aids used for the detection of deception in criminal investigations and to provide for the proper training of personnel operating the equipment for the Boca Raton Police Services Department. II. POLICY: The polygraph instrument and the Computerized Voice Stress Analyzer (CVSA) are recognized as tools used to help investigators determine the truth of statements provided by victims, witnesses, or suspects; however, guidelines on their use and operation are necessary. The polygraph examination and the CVSA are used for the detection of deception during the selection process. Personnel trained in the deception device procedures shall conduct the administration of examinations and the evaluation of the results. III. DEFINITIONS: Polygraph Examination: An inquiry that consists of four (4) phases: pre-test, test, post-test, and interview/interrogation. Pretest Phase: A phase of the polygraph examination that consists of a brief explanation of the polygraph instrument that monitors internal body changes during the test phase. Test Phase: A phase of the polygraph examination that consists of the actual polygraph examination when the questions are asked of the subject while the instrument is monitoring the subject’s reactions to those questions. Post-Test Phase: A phase of the polygraph examination that consists of an evaluation of the charts. Interview/Interrogation Phase: A phase of the polygraph examination that consists of determining the truth from the subject. Effective: July 2, 1985 Revised: October 1, 2007 Detection of Deception Devices Directive No. 42.240 Page 1 of 4 IV. PROCEDURE: A. USE OF THE POLYGRAPH INSTRUMENT: 15.05 1. Prior to a person being authorized to conduct polygraph examinations, he/she must attend a detection of deception school that has been licensed by the State of Florida. 2. A polygraph examiner who is employed by a municipal, county, state, or federal agency and does examinations in the performance of his/her official duties for the Department is not required to be licensed by the State of Florida. 3. A polygraph examination can be used to determine truth or deception in statements given by victims, witnesses, or suspects in a criminal investigation. 4. A polygraph examination may also be used in the pre-employment process. 5. The Department prohibits the use of results of polygraph examinations or other instruments for the detection of deception as the single determinant of employment status. 6. The use of polygraph examinations during Internal Affairs are governed by Florida State Statutes, contract agreements, and court decisions taking precedent at the particular time. B. PHASES OF THE POLYGRAPH EXAMINATION: 1. During the pre-test phase, which prepares the examinee for testing, the following occurs: a. The examiner gathers background information to aid in preparing test questions. b. The examinee and examiner discuss the test, test procedure, examinee’s medical history, and details of the test issues. c. The examiner will make behavioral assessments of the examinee. d. The examiner will read to and discuss the actual test questions with the subject. e. The monitoring attachments are placed on the subject in preparation for the examination. f. The instrument is adjusted to the individual subject. 2. The pre-test phase interview ranges from 30 minutes to two hours or longer depending on the complexity of the matter to be tested. Effective: July 2, 1985 Revised: October 1, 2007 Detection of Deception Devices Directive No. 42.240 Page 2 of 4 3. During the test phase, a minimum of two (2) charts must be run with the same questions being used. 4. If the subject is determined to be truthful in his or her answers to the test questions, the polygraph examination is finished after the test phase and the subject is thanked for their cooperation and escorted out. 5. If during the post test phase evaluation of the polygraph, the polygraph examiner determines that there are deceptive reactions to the relevant test questions, the interview/interrogation phase of the examination is started. 6. All polygraph examinations are voluntary on the part of the subject. 7. A polygraph examiner shall maintain all opinions, reports, charts, question lists, and all other records relating to the examination for a minimum of two (2) years from the date of the examination. C. USE OF THE COMPUTERIZED VOICE STRESS ANALYZER (CVSA): 1. Only personnel trained in the use of the CVSA shall be permitted to conduct examinations using the instrument. 15.05 2. Because the CVSA analyzes voice tremor fluctuations, the subject of the examination need not be present provided a high-quality tape or other voice transmission can be legally obtained and used. 3. Properly sequenced, questioning must also occur to improve accuracy of the examination. 4. The CVSA, like the polygraph, shall be used only as an investigative tool. 15.05 5. The CVSA’s two primary uses shall be as follows: 15.05 a. To determine truth or deception in statements given by suspects, victims, or witnesses in a criminal investigation after a thorough investigation of the criminal case to determine where deception may be indicated. b. To aid in the pre-employment process 6. The CVSA examiner shall complete a report on all tests given relating to criminal investigations. 7. All reports, charts, question lists, and opinions, and all other records related to the examination shall be maintained for a minimum of two years from the date of the examination per recommendation pursuant to Florida records law. Effective: July 2, 1985 Revised: October 1, 2007 Detection of Deception Devices Directive No. 42.240 Page 3 of 4 V. REFERENCES: A. FSS 493.571 B. FSS 493.562 C. FSS 493.573(5) Approved: Daniel C. Alexander Chief of Police Effective: July 2, 1985 Revised: October 1, 2007 Date: Detection of Deception Devices Directive No. 42.240 Page 4 of 4

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