Bill_Brown wrote on Jun 6
th, 2011 at 12:10am:
Sergeant,
If I observe a physical countermeasure, I would call it a movement, which is an artifact on polygraph and note it as such.
With intoxilyzer you don't "Score" you get a print out, noting to score. Polygraph gets numerical scores for each component on each question. If the score falls between certain numbers, it is inconclusive. I may observe tracings that are indicative of countermeasures. I would mention this in my report. Physical countermeasures are observable in most cases and are also mentioned in the report.
With regards to the Intoxilyzer, that’s not really correct. If the subject cooperates with the Intoxilyzer there is nothing to “score” because the instrument does the analysis. However, if the subject is playing games, such as pretending to not be able to exhale, or blocking the tube with his tongue, or inhaling rather than exhaling, the officer conducting the test is required to make a judgment call as to whether the test subject is truly confused or is willfully refusing to go along with the test. In the latter case, the officer considers the subject’s actions a refusal and processes the remainder of the case as such.
It would seem to me that if polygraph operators could indeed reliably detect countermeasure use they would certainly “fail” any subject caught using them. I do not see any logical reason why that would not happen, if in fact polygraph operators can positively detect countermeasures and are not just guessing.
In the case of a DUI arrest, if the subject wanted to fight the “refusal” in court, it would be very easy to simply show the judge the video recording of the arrest processing and point out something like, “Here is where he is pressing his tongue against the tube. Here’s where I told him not to do that again or it would be a refusal. Here’s where he is once again jamming his tongue against the tube.” And the judge would then agree that the subject refused. I’ve done that (in various forms) many, many times.
If countermeasures could be detected there is no reason why the polygraph industry, which clearly considers countermeasures to be cheating, would
not fail anyone they could show was using countermeasures.
Of course, if the "detection" of countermeasures consists of the "instinct" or the "feeling" of the polygraph examiner, that might be a bit tough to stand behind. I wouldn't want to arrest someone after an interview even if I was sure they were lying unless I had some evidence to back it up. I can imagine that polygraph operators don't want to mark someone as "failed due to countermeasure usage" unless they can back it up with more than a gut feeling or a "movement" on a polygraph chart.