Q. Asking me while intoxicated not at the initial incident. I was a witness to a case and the officers didn’t ask me a single thing and barely wanted my ID after the incident. I was the reason it started in the first place. But a week ago while I was under the influence they asked me what happened. I finally had the chance to tell them and they seemed to be twisting it around like it was the defendants fault. Then I get a call I’m being subpoenaed to court and was told again if I remembered what I had told them while under the influence. After telling them the same thing they are making me feel as though I lied about the incident. Another officer who dropped off the subpoena told me he can give me a lie detector test in court. I feel very uncomfortable and wonder if the cop car was recorded. Could they use it in court?
A. No, police cannot make you take a polygraph test. You do not have to submit to one.Polygraph tests are not admissible in court and the police probably won’t spend the resources. Electronically recording a witness without their knowledge is not legal, so they probably didn’t do that unless they had pre approval from the court to do so. The police often mention polygraph test to put pressure on people to confesss. You need to consult with an attorney and relay the entire story and follow the advice of counsel. Please be advised that if you change your story from the one given to police originally, you could possibly face criminal charges of False Reports to Law Enforcement.