(1) That he is informed of the offense for which he is suspected or accused
and the purpose of the test.
(2) That he has the right to consult with counsel and to have counsel
present to observe the test. That he may retain counsel at his own expense or have
counsel appointed for him at no expense to him.
(3) That he has the right to remain silent. That any statement he may make
may be used as evidence against him in a criminal trial. This is a restatement of
a person's rights per Article 31, MCM, and the Fifth Amendment to the U.S.
Constitution.
(4) That the test is voluntary and will be conducted only with his prior
written consent (DA Form 2801, Polygraph Examination Statement of Consent, Figure
4-2), and that no adverse action will be taken against him because of a refusal to
consent to a test.
(5) Whether the area in which the test is to be conducted contains a two-
way mirror or other device whereby he can be observed without his knowledge; and
whether the test will be monitored in whole or in part by any means.
b. After the examinee has been advised of his rights and has given his verbal
consent to undergo the test, he will read and sign DA Form 2801, Polygraph
Examination Statement of Consent. Persons refusing to submit to a test will not be
required to sign any type of statement of refusal. No adverse action can be taken
against any person that refuses to consent, and no record of his refusal will be
filed in any personnel files, to include informing the company commander.
c. The remainder of the pretest interview will be devoted to completing CID
Form 2, Polygraph Worksheet (see Figures 4-3 and 4-4); providing an explanation of
the nature of the test; reviewing all questions to be asked during the test; and
explaining the complete operation of the instrument. When the examiner feels the
subject is ready, he is to proceed into the testing phase.
10. The Polygraph Test.
a. This must be conducted in a quiet, private place, with only the examiner
and the examinee present. (An exception to this would be when the examinee desires
to have his counsel present, or in the case of a female who desires to have another
female present, who would observe from a separate room).
A soundproof room is
best, but a regular interview room or other private room may be used. A room near
an area with a relatively high noise level should never be used. The room should
be free of distracting objects such as pictures, calendars, wall ornaments, or
unusual furnishings.
4-9
MP1016
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