If Police Have Devices That Can Read Your Mind, How Does the Fifth Amendment Fit In?

This article is part of the Policing and Technology Project, a collaboration between Future Tense and the Tech, Law, & Security Program at American University Washington College of Law that examines the relationship between law enforcement, police reform, and technology. It's the middle of the night, you are disoriented, and they want to know where you were earlier in the day. You have no idea at that moment that your ex-girlfriend was found dead, and some of your fingerprints were found at her house--but you do know you have the right to remain silent. Until the cops bring out the headset. One of the hallmarks of the U.S. Constitution is the enumerated right of citizens to not be coerced into self-incrimination or be allowed to "take the Fifth."