Pop Quiz: Sex offender on parole goes to his scheduled polygraph session. As part of the polygraph, they ask questions before the polygraph like "is there anything you want to tell us?, etc."

During the preliminary questions, he admits to a prior sexual assault of a child that happened a few years ago. That case is now filed and awaiting the inevitable Motion to Suppress statements of defendant. Has anyone seen caselaw that points to the preliminary part of a polygraph being admissible? Any help would be appreciated. Thanks.

The obvious answer is that it is just a question, and assuming he was not in custody, should be admissible as a statement against penal interest. It is not a polygraph result, which is the taboo. We have used the admission before.

The admissions are admissible. I'll give you a call. We've used them many times.