A police officer, as defined in ORS 243.005, may use an instrument or mechanical device that does not comply with the minimum requirements under ORS 703.310 (1) to test or question an individual for the purpose of detecting deception or verifying the truth of statements made by the individual if the police officer:
(1) Uses the instrument or mechanical device in the course of the officer’s official duties while investigating a crime; and
(2) Is certified to use the instrument or mechanical device by the agency that employs the officer.