Can the Police Require a Brain Scan?

Can the government compel an individual to undergo brain-based memory detection tests? Is there a constitutional right to keep memories or thoughts private? Would such methods implicate the Fourth Amendment right against unreasonable search and seizure or the Fifth Amendment protection against self-incrimination? Professor Emily Murphy explores the concept of cognitive liberty and bodily integrity when it comes to brain-based memory detection and its potential uses in the criminal justice system.

 

 

Emily Murphy is a professor at UC Hastings Law School. Her research focuses on the intersection of neuroscience, behavioral science, and law.