Very Hot Topic (More than 25 Replies) Can they make me take a polygraph??? (Read 80511 times)
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Can they make me take a polygraph???
Mar 23rd, 2008 at 6:15am
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recently the store i work at got robbed.. and now the cops want me and another person to take the voice stress test.  What can they do if i refuse to take the test.  I'm extremely offended that they only asked two of us to take it....
  
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Re: Can they make me take a polygraph???
Reply #1 - Mar 23rd, 2008 at 7:30am
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innocent1

You cannot be required to take any kind of lie detector test and the CVSA is less reliable than the polygraph. Just tell them that the CEO of the company that makes them stated in court that the CVSA has NO ability to detect truth or lies and you will not take part in such quackery. Refuse to take it.

If they had any hard evidence, they wouldn't be asking you to take the test. You would have already been arrested.
  
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Re: Can they make me take a polygraph???
Reply #2 - Mar 23rd, 2008 at 7:32am
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thanks.. now i'm just worried that i'll be fired on suspicion..
  
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Paste Member Name in Quick Reply Box George W. Maschke
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Re: Can they make me take a polygraph???
Reply #3 - Mar 23rd, 2008 at 7:48am
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The police cannot force you to submit to a voice stress analysis "test," or to any lie detector test of any kind. You can and should refuse. These "tests" have no scientific basis. In the context of criminal investigations, they typically serve as little more than a pretext for interrogating a suspect without a lawyer present, as the suspect is falsely led to believe that (s)he is simply submitting to a scientific test for truth.

In this regard, it is worth noting that Charles Humble, the man behind the most commonly used voice stress analyzer -- like several poobahs of the polygraph community -- has falsely passed himself off as a Ph.D. in marketing his services. Watch this ABC News exposé:



The fact that police have asked you to submit to such a bogus test is a strong indication that you are considered a suspect in the case. Sometimes, people who handle cash falsely report robberies and take the money themselves, or willingly hand cash to a partner who stages a robbery.

I think it would be prudent to seek legal counsel and not submit to further questioning without your lawyer present. If you feel the need to explain your decision to refuse the "test," you can state that you've learned that it's junk science. Feel free to refer any who question your judgment to this website.

If you need help finding a criminal defense attorney near you, Martindale's free Lawyer Locator service may be helpful:

http://www.martindale.com
« Last Edit: Mar 23rd, 2008 at 1:01pm by George W. Maschke »  

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Re: Can they make me take a polygraph???
Reply #4 - Mar 23rd, 2008 at 3:22pm
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Innocent1 wrote on Mar 23rd, 2008 at 6:15am:
recently the store i work at got robbed.. and now the cops want me and another person to take the voice stress test.  What can they do if i refuse to take the test.  I'm extremely offended that they only asked two of us to take it....


If it were me, I would say sure, I'll take your test.  Then, when the operator asks you to sign a release of liability holding him harmless for professional negligence, refuse to sign that.  Explain that while you are willing to take the test, you are not willing to give up your legal right to sue, in the event the test is not correct.

What will occur, is that they will refuse to test you.  But, it will likely not get that far, because the real thief will not agree to take the test to begin with, so the suspicion will be shifted to them, and off of you.
  

"Although the degree of reliability of polygraph evidence may depend upon a variety of identifiable factors, there is simply no way to know in a particular case whether a polygraph examiner's Conclusion is accurate, because certain doubts and uncertainties plague even the best polygraph exams."  (Justice Clarence Thomas writing in United States v. Scheffer, 523 U.S. 303, 118 S.Ct. 1261, 140 L.Ed.2d 413, 1998.)
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Re: Can they make me take a polygraph???
Reply #5 - Mar 23rd, 2008 at 5:04pm
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Hi, Sorry to hear you find yourself in a similar situation as I did, meaning being accused of a crime you didn' commit.
I went ahead and took the Polygraph test since I felt I had nothing to hide.
Please take the advice of George and even nonpolycop's suggestion seems good.
You see the problem is that those test measure responses to questions ( not lies per se) so if as you say your very offended by being one of only 2 to be accused you WILL most likely have a reaction to the questions asked regarding the crime. I did even though I was totally truthfull.
Now, your going to hear from Sackett  ( a poligraph examiner with an attitude) he will insist that you just go in there and tell the truth. Though that may work since the machine has no way of knowing if your telling the truth it is a coin toss. I lost mine.
The good part is that the test results are not admissable in court and even if your state allows it there is no judge that would convict you based on te test results.
The bad part is that at this point you seem damed if you do and damed if you don't.
George is a wealth of information on this.
  
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Re: Can they make me take a polygraph???
Reply #6 - Nov 14th, 2008 at 12:51am
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I have been accused of "keying" a car, defacing it with profanity, scratching it. I have an aliby for the night but the people are lying and saying they saw me do it. It has been about 2 months since I have been accused and the police have not arrested me but have told me they can make me take a polygraph. Can they make me? I failed one in the past. They ask me a simple question like are my eyes brown, which they are and it said I was lying. Also when ask my full name it said I was lying. I have very bad nerves! I still got the job. Don't you think that they have waited an awfully long time to prosecute me? These are also people that dislike me very much. What can I do? I didn't do it and I have an aliby.
  
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Re: Can they make me take a polygraph???
Reply #7 - Nov 14th, 2008 at 1:00am
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The police can not FORCE you to take a polygraph, or question you without legal representation if you request it.  Just to make sure, call an attorney.

They probably do not have enuf to prosecute you, so they are resorting to getting you to take a polygraph so they can force a confession out of you.   Refuse, and DON'T sign anything!


TC
  

"There is no direct and unequivocal connection between lying and these physiological states of arousal...(referring to polygraph)."

Dr. Phil Zimbardo, Phd, Standford University
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Re: Can they make me take a polygraph???
Reply #8 - Feb 5th, 2009 at 1:19am
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i called an anonymous aware line at a company using someone else's name that worked there, now the cops called my phone asking me to take a polygraph if further investigation is required? can they make me? and can i be prosecuted?  Cheesy
  
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Paste Member Name in Quick Reply Box T.M. Cullen
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Re: Can they make me take a polygraph???
Reply #9 - Feb 5th, 2009 at 5:46am
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Check with an attorney, but i am pretty sure that.........you can not be forced to take a polygraph.  But if you do refuse, they'll probably at least insinuate that you must have something to hide if you are afraid to take a polygraph.   Which is BS.  There is NO logical basis for such an insinuation.

You could then just respectfully tell them you researched the polygraph, and found out, to your surprise, that it is NOT a scientifically valid test, and that your attorney informed you you have a LEGAL right to decline taking the test.   If they THEN persist and get nasty about it, politely ask them to take it up with your attorney.

TC
  

"There is no direct and unequivocal connection between lying and these physiological states of arousal...(referring to polygraph)."

Dr. Phil Zimbardo, Phd, Standford University
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Re: Can they make me take a polygraph???
Reply #10 - Mar 1st, 2009 at 5:17am
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We were told that if we didn't agree to take the test then they would get a court order to make us take it.  Can the police do that?
  
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Re: Can they make me take a polygraph???
Reply #11 - Mar 1st, 2009 at 2:28pm
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Call their bluff.  
Tell them to go get their order if they can.
I have a very strong feeling they won't be able to find a judge willing to sign one.

Even if they could find a judge to sign the order compelling you to take the test, your inability to refuse the exam would render anything you said during the process inadmissable in a criminal prosecution absent a VOLUNTARY waiver of your Miranda rights.

When you have the police threatening a court order for a polygraph you need to get a lawyer. Something is very wrong. States that have Polygraph licensing laws forbid forcing someone to take a polygraph test. A local Lawyer can review your entire situation and then  advise you much better than any opinions you read here that are based only on the limited information you can provide.

A Lawyer can also say things to the police on your behalf that you might be reluctant to say, like "UP YOURS".

You won't regret the money you spend hiring one if the situation is really as you described.
  
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Re: Can they make me take a polygraph???
Reply #12 - Mar 1st, 2009 at 11:15pm
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The police can not get an order for you to take any polygraph test  they can get orders for fingerprints, dna hair samples etc.  It would be in your best interest to exercise your right to remain silent and contact an attorney.  If they charge you with an offense then you will have avoided any comments made during teh polygraph test (which are admissable)..if your are not charged then you can go on about your business

gary daivs
  
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Re: Can they make me take a polygraph???
Reply #13 - Jan 2nd, 2011 at 4:01pm
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my step father and my mother have gotten ourselves involved in court regarding nothing but false statements and lies. my step father is accusing me of being physal on 2 occasions. he has marked himself and is accusing me and my mother of making these marks on him.
so my main question is this. i am 16 years old and me and my mother were wondering if in court the judge could force us to take any kind of lie detector tests. do we have a right to say no?
  
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Re: Can they make me take a polygraph???
Reply #14 - Jan 2nd, 2011 at 4:27pm
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Read the above posts.

NO PERSON can be required to take a lie dector test. If the judge is honest, he will know this. Besides, you're a minor.
  
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