I just came across a CNN news clip about BEOS and the Indian murder case in which the scan results were relied upon.
According to the video, many suspects are consenting to the brain scan because they fear that saying no might suggest guilt. Also, suspects are agreeing to the test because they want to avoid other methods of police interrogation, such as the third degree.
For those interested, you can watch the CNN video at:
CNN Video - Brain scans and justice