polygraph test in Colorado

1999See Anderson, 637 P.2d at 356 (describing polygraph technique and procedure); Fishback, 851 P.2d at 885 (describing DNA theory and scientific background for restriction fragment length polymorphism “RFLP” analysis, gel electrophoresis, etc.); Lindsey, 892 P.2d at 285 (discussing RFLP analysis and frequency calculations).

1985A. Although the defendant concedes that the results of a polygraph test are inadmissible in a criminal trial, People v. Anderson, 637 P.2d 354 (Colo.1981), he nonetheless insists that evidence establishing that the investigating detective arranged for James Ross to take a polygraph test should have been admitted in order to rebut that part of the detective’s testimony which clearly indicated that he believed the reports given to him by Ross.

2012Citing People v. Algien, 180 Colo. 1, 7 , 501 P.2d 468, 471 (1972), the trial court concluded that Pittman was in custody after the polygraph test because a reasonable person in her position would conclude that she was not free to leave when the administering officer told her that she had failed the polygraph test and that she was not telling the truth. 15 The People filed this interlocutory appeal pursuant to section 16-12-102(2), C.R.S. (2011), and C.A.R. 4.1.

2012Citing People v. Algien, 180 Colo. 1, 7 , 501 P.2d 468, 471 (1972), the trial court concluded that Pittman was in custody after the polygraph test because a reasonable person in her position would conclude that she was not free to leave when the administering officer told her that she had failed the polygraph test and that she was not telling the truth. 15 The People filed this interlocutory appeal pursuant to section 16-12-102(2), C.R.S. (2011), and C.A.R. 4.1.

2008The Wisconsin appellate courts have gone farther, holding that evidence of a defendant's offer to take a polygraph test is admissible if there is evidence the defendant believed at the time he made the offer that the test is "possible, accurate, and admissible." State v. Shomberg, 288 Wis.2d 1 , 709 N.W.2d 370, 384 (2006); accord State v. Pfaff, 269 Wis.2d 786 , 676 N.W.2d 562, 568 (2004).

2008The Wisconsin appellate courts have gone farther, holding that evidence of a defendant's offer to take a polygraph test is admissible if there is evidence the defendant believed at the time he made the offer that the test is "possible, accurate, and admissible." State v. Shomberg, 288 Wis.2d 1 , 709 N.W.2d 370, 384 (2006); accord State v. Pfaff, 269 Wis.2d 786 , 676 N.W.2d 562, 568 (2004).

2008The Wisconsin appellate courts have gone farther, holding that evidence of a defendant's offer to take a polygraph test is admissible if there is evidence the defendant believed at the time he made the offer that the test is "possible, accurate, and admissible." State v. Shomberg, 288 Wis.2d 1 , 709 N.W.2d 370, 384 (2006); accord State v. Pfaff, 269 Wis.2d 786 , 676 N.W.2d 562, 568 (2004).

2008The Wisconsin appellate courts have gone farther, holding that evidence of a defendant's offer to take a polygraph test is admissible if there is evidence the defendant believed at the time he made the offer that the test is "possible, accurate, and admissible." State v. Shomberg, 288 Wis.2d 1 , 709 N.W.2d 370, 384 (2006); accord State v. Pfaff, 269 Wis.2d 786 , 676 N.W.2d 562, 568 (2004).

2008Similarly, in Dra-con we found the suspect was in custody where she agreed to accompany officers to the police station, riding in the front seat of the police car, and was taken through a nonpublic area to an office and questioned for almost three hours; she was never told she was free to leave or not under arrest, and was made to wait for another three hours in the police station before being interviewed yet again. 884 P.2d at 714-15, 717 .

2008Similarly, in Dracon we found the suspect was in custody where she agreed to accompany officers to the police station, riding in the front seat of the police car, and was taken through a non-public area to an office and questioned for almost three hours; she was never told she was free to leave or not under arrest, and was made to wait for another three hours in the police station before being interviewed yet again. 884 P.2d at 714-15, 717 .

2008In People v. Trujillo, however, we found that a suspect was in custody where he was asked to come to the police station for an interview and drove himself to the station; upon arrival, he was never told he was free to leave or not under arrest, was asked aceu-satory questions for over an hour and a half, was asked to submit to a mug shot and a polygraph test, and was asked to produce certain evidence to the police. 784 P.2d 788, 789-90, 792 (Colo.1990).

2008In People v. Trujillo , however, we found that a suspect was in custody where he was asked to come to the police station for an interview and drove himself to the station; upon arrival, he was never told he was free to leave or not under arrest, was asked accusatory questions for over an hour and a half, was asked to submit to a mug shot and a polygraph test, and was asked to produce certain evidence to the police. 784 P.2d 788, 789-90, 792 (Colo.1990).

2007See People v. Fanger, supra, 748 P.2d at 1333 .

2005See Romero, 953 P.2d at 552-53 (“Cause I, ya know, I’m not gunna lie man, ya know, I mean I should wait, and I should talk to a lawyer and this and that and ya know_”); Kleber, 859 P.2d at 1362 (during custodial interrogation, defendant remarked that he wished to discuss a prior polygraph test with an attorney); Fish, 660 P.2d at 507 (defendant asked the officers “if he needed an attorney”); People v. Cerezo, 635 P.2d 197, 198 (Colo.1981) (“I think I better have a lawyer.”); People v. Traubert, 199 Colo. 322, 325 , 608 P.2d 342, 344 (Colo.1980) (“I think I need to see a lawyer.”); Harris, 191

2005See Romero, 953 P.2d at 552-53 ("Cause I, ya know, I'm not gunna lie man, ya know, I mean I should wait, and I should talk to a lawyer and this and that and ya know ...."); Kleber, 859 P.2d at 1362 (during custodial interrogation, defendant remarked that he wished to discuss a prior polygraph test with an attorney); Fish, 660 P.2d at 507 (defendant asked the officers "if he needed an attorney"); People v. Cerezo, 635 P.2d 197, 198 (Colo.1981) ("I think I better have a lawyer."); People v. Traubert, 199 Colo. 322, 325 , 608 P.2d 342, 344 (Colo. 1980) ("I think I need to see a lawyer."); Harris,

2005See Romero, 953 P.2d at 552-53 (“Cause I, ya know, I’m not gunna lie man, ya know, I mean I should wait, and I should talk to a lawyer and this and that and ya know_”); Kleber, 859 P.2d at 1362 (during custodial interrogation, defendant remarked that he wished to discuss a prior polygraph test with an attorney); Fish, 660 P.2d at 507 (defendant asked the officers “if he needed an attorney”); People v. Cerezo, 635 P.2d 197, 198 (Colo.1981) (“I think I better have a lawyer.”); People v. Traubert, 199 Colo. 322, 325 , 608 P.2d 342, 344 (Colo.1980) (“I think I need to see a lawyer.”); Harris, 191

2005See Romero, 953 P.2d at 552-53 ("Cause I, ya know, I'm not gunna lie man, ya know, I mean I should wait, and I should talk to a lawyer and this and that and ya know ...."); Kleber, 859 P.2d at 1362 (during custodial interrogation, defendant remarked that he wished to discuss a prior polygraph test with an attorney); Fish, 660 P.2d at 507 (defendant asked the officers "if he needed an attorney"); People v. Cerezo, 635 P.2d 197, 198 (Colo.1981) ("I think I better have a lawyer."); People v. Traubert, 199 Colo. 322, 325 , 608 P.2d 342, 344 (Colo. 1980) ("I think I need to see a lawyer."); Harris,

2005See Romero, 953 P.2d at 552-53 (“Cause I, ya know, I’m not gunna lie man, ya know, I mean I should wait, and I should talk to a lawyer and this and that and ya know_”); Kleber, 859 P.2d at 1362 (during custodial interrogation, defendant remarked that he wished to discuss a prior polygraph test with an attorney); Fish, 660 P.2d at 507 (defendant asked the officers “if he needed an attorney”); People v. Cerezo, 635 P.2d 197, 198 (Colo.1981) (“I think I better have a lawyer.”); People v. Traubert, 199 Colo. 322, 325 , 608 P.2d 342, 344 (Colo.1980) (“I think I need to see a lawyer.”); Harris, 191

2005See Romero, 953 P.2d at 552-53 ("Cause I, ya know, I'm not gunna lie man, ya know, I mean I should wait, and I should talk to a lawyer and this and that and ya know ...."); Kleber, 859 P.2d at 1362 (during custodial interrogation, defendant remarked that he wished to discuss a prior polygraph test with an attorney); Fish, 660 P.2d at 507 (defendant asked the officers "if he needed an attorney"); People v. Cerezo, 635 P.2d 197, 198 (Colo.1981) ("I think I better have a lawyer."); People v. Traubert, 199 Colo. 322, 325 , 608 P.2d 342, 344 (Colo. 1980) ("I think I need to see a lawyer."); Harris,

2005See Romero, 953 P.2d at 552-53 ("Cause I, ya know, I'm not gunna lie man, ya know, I mean I should wait, and I should talk to a lawyer and this and that and ya know ...."); Kleber, 859 P.2d at 1362 (during custodial interrogation, defendant remarked that he wished to discuss a prior polygraph test with an attorney); Fish, 660 P.2d at 507 (defendant asked the officers "if he needed an attorney"); People v. Cerezo, 635 P.2d 197, 198 (Colo.1981) ("I think I better have a lawyer."); People v. Traubert, 199 Colo. 322, 325 , 608 P.2d 342, 344 (Colo. 1980) ("I think I need to see a lawyer."); Harris,

2005See Romero, 953 P.2d at 552-53 ("Cause I, ya know, I'm not gunna lie man, ya know, I mean I should wait, and I should talk to a lawyer and this and that and ya know ...."); Kleber, 859 P.2d at 1362 (during custodial interrogation, defendant remarked that he wished to discuss a prior polygraph test with an attorney); Fish, 660 P.2d at 507 (defendant asked the officers "if he needed an attorney"); People v. Cerezo, 635 P.2d 197, 198 (Colo.1981) ("I think I better have a lawyer."); People v. Traubert, 199 Colo. 322, 325 , 608 P.2d 342, 344 (Colo. 1980) ("I think I need to see a lawyer."); Harris,

2005See Romero, 953 P.2d at 552-53 ("Cause I, ya know, I'm not gunna lie man, ya know, I mean I should wait, and I should talk to a lawyer and this and that and ya know ...."); Kleber, 859 P.2d at 1362 (during custodial interrogation, defendant remarked that he wished to discuss a prior polygraph test with an attorney); Fish, 660 P.2d at 507 (defendant asked the officers "if he needed an attorney"); People v. Cerezo, 635 P.2d 197, 198 (Colo.1981) ("I think I better have a lawyer."); People v. Traubert, 199 Colo. 322, 325 , 608 P.2d 342, 344 (Colo. 1980) ("I think I need to see a lawyer."); Harris,

2005See Romero, 953 P.2d at 552-53 ("Cause I, ya know, I'm not gunna lie man, ya know, I mean I should wait, and I should talk to a lawyer and this and that and ya know ...."); Kleber, 859 P.2d at 1362 (during custodial interrogation, defendant remarked that he wished to discuss a prior polygraph test with an attorney); Fish, 660 P.2d at 507 (defendant asked the officers "if he needed an attorney"); People v. Cerezo, 635 P.2d 197, 198 (Colo.1981) ("I think I better have a lawyer."); People v. Traubert, 199 Colo. 322, 325 , 608 P.2d 342, 344 (Colo. 1980) ("I think I need to see a lawyer."); Harris,

2005See Romero, 953 P.2d at 552-53 (“Cause I, ya know, I’m not gunna lie man, ya know, I mean I should wait, and I should talk to a lawyer and this and that and ya know_”); Kleber, 859 P.2d at 1362 (during custodial interrogation, defendant remarked that he wished to discuss a prior polygraph test with an attorney); Fish, 660 P.2d at 507 (defendant asked the officers “if he needed an attorney”); People v. Cerezo, 635 P.2d 197, 198 (Colo.1981) (“I think I better have a lawyer.”); People v. Traubert, 199 Colo. 322, 325 , 608 P.2d 342, 344 (Colo.1980) (“I think I need to see a lawyer.”); Harris, 191

2005See Romero, 953 P.2d at 552-53 ("Cause I, ya know, I'm not gunna lie man, ya know, I mean I should wait, and I should talk to a lawyer and this and that and ya know ...."); Kleber, 859 P.2d at 1362 (during custodial interrogation, defendant remarked that he wished to discuss a prior polygraph test with an attorney); Fish, 660 P.2d at 507 (defendant asked the officers "if he needed an attorney"); People v. Cerezo, 635 P.2d 197, 198 (Colo.1981) ("I think I better have a lawyer."); People v. Traubert, 199 Colo. 322, 325 , 608 P.2d 342, 344 (Colo. 1980) ("I think I need to see a lawyer."); Harris,

1999See Anderson, 637 P.2d at 356 (describing polygraph technique and procedure); Fishback, 851 P.2d at 885 (describing DNA theory and scientific background for restriction fragment length polymorphism “RFLP” analysis, gel electrophoresis, etc.); Lindsey, 892 P.2d at 285 (discussing RFLP analysis and frequency calculations).

1999See Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963) (holding that Fourteenth Amendment Due Process requires the prosecution to disclose to the defendant all material evidence relevant to guilt or punishment).

1999See Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963) (holding that Fourteenth Amendment Due Process requires the prosecution to disclose to the defendant all material evidence relevant to guilt or punishment).

1999See, e.g., State v. Hall, 955 S.W.2d 198, 207 (Mo.1997) (holding that the trial court properly excluded evidence during the capital sentencing phase that the defendant denied involvement in the crime without failing a polygraph test), cert. denied, — U.S.-, 118 S.Ct. 1375 , 140 L.Ed.2d 523 (1998); Downs v. State, 572 So.2d 895, 900 (Fla.1990) (holding that the trial court did not abuse its discretion by excluding evidence showing that defendant’s co-conspirator, whose testimony formed the primary basis of the state’s death penalty case, had difficulty passing a polygraph test).

1999See, e.g., State v. Hall, 955 S.W.2d 198, 207 (Mo.1997) (holding that the trial court properly excluded evidence during the capital sentencing phase that the defendant denied involvement in the crime without failing a polygraph test), cert. denied, — U.S.-, 118 S.Ct. 1375 , 140 L.Ed.2d 523 (1998); Downs v. State, 572 So.2d 895, 900 (Fla.1990) (holding that the trial court did not abuse its discretion by excluding evidence showing that defendant’s co-conspirator, whose testimony formed the primary basis of the state’s death penalty case, had difficulty passing a polygraph test).

1999See Anderson, 637 P.2d at 356 (describing polygraph technique and procedure); Fishback, 851 P.2d at 885 (describing DNA theory and scientific background for restriction fragment length polymorphism “RFLP” analysis, gel electrophoresis, etc.); Lindsey, 892 P.2d at 285 (discussing RFLP analysis and frequency calculations).

1999See, e.g., State v. Hall, 955 S.W.2d 198, 207 (Mo.1997) (holding that the trial court properly excluded evidence during the capital sentencing phase that the defendant denied involvement in the crime without failing a polygraph test), cert. denied, — U.S.-, 118 S.Ct. 1375 , 140 L.Ed.2d 523 (1998); Downs v. State, 572 So.2d 895, 900 (Fla.1990) (holding that the trial court did not abuse its discretion by excluding evidence showing that defendant’s co-conspirator, whose testimony formed the primary basis of the state’s death penalty case, had difficulty passing a polygraph test).