In , Farahany observed modern neuroscience and neural
engineering pose an novel set of legal challenges to the
existing Self-Incrimination doctrine of the Fifth Amendment,
which states that “no person shall be compelled to prove a
charge from his own mouth, but a person may be compelled to
provide real or physical evidence” . The author presented
several examples, showing how is modern neuroscience expected
to facilitate evidence collection during criminal investigation.
The presented examples strongly indicate the traditional
border between testimonial and physical evidence becomes
blurry when applied to the evidences collected by neural
engineering techniques.