Opinion

State v. Cullison

  • 215 N.W.2d 309
  • 1974 Iowa Sup. LEXIS 1239
Court
Supreme Court of Iowa
Filed
Feb 20, 1974
Status
Published
Author
Uhlenhopp
On the bench
Moore, Mason, Legrand, Rees, Uhlenhopp
Cited by
15 cases
Authority
More cited than 8.7%

statements to polygraph operator

How later courts described this case

  • statements to polygraph operator

Written by the judges who cited it.

The opinion

UHLENHOPP, Justice

(concurring specially) .

Admissibility of Mrs. Albertsen’s statements is dependent upon two separate *316 facts: (1) that the officers or the polygraph operator gave her the Miranda warning, and (2) that Mrs. Albertsen took the test voluntarily in fact. The evidence shows the officers gave her the Miranda warning en route to the office of the polygraph operator. That warning includes the warning that her statements could be used against her. Hence the first fact exists. The situation is different from the two cases cited by the court in which test results were held inadmissible, People v. Algien, 501 P.2d 468 (Colo.); Commonwealth v. Bennett, 439 Pa. 34 , 264 A.2d 706 . In those cases the Miranda warning was not given until after the polygraph test.

Notwithstanding the Miranda warning given here, however, the evidence supports the finding of respondent judge regarding the second fact: that Mrs. Albertsen did not take .the test, and make the statements in connection with it, voluntarily in fact.

Since Mrs. Albertsen did not in fact act of her own free will, I concur in annulment of the writ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.