Polygraph Results Not Admissible in Probation Revocation Hearings

State v. Nowacki, Minn.Ct.App., 5/23/2016.  Mr. Nowacki was on probation for third degree criminal sexual conduct.  One of the conditions of his probation was to submit to polygraph examinations by either probation or his treatment provider.  A third violation alleged that Mr. Nowacki failed to complete sex offender treatment.  In support of that allegation his treatment provider testified that Mr. Nowacki had failed multiple polygraph examinations.  Mr. Nowacki objected to this testimony but the court overruled the objection.  The court revoked Mr. Nowacki's probation.

On appeal, he complained that the trial court's determination that he had violated probation improperly considered the failed polygraph examinations.  The court of appeals agreed that consideration of the failed polygraph examination was an error, citing long-standing Minnesota law that polygraph results are not admissible in either civil or criminal trials.  Virginia, Texas, Florida, and Kansas have also held that polygraph results are not admissible in probation violation hearings, and the court of appeals adopts that prohibition. The court also determined, however, that this error did not affect the trial court's decision to find that Mr. Nowacki had violated his probation.