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  5. Consent Searches and Underestimation of Compliance: Robustness to Type of Search, Consequences of Search, and Demographic Sample

Consent Searches and Underestimation of Compliance: Robustness to Type of Search, Consequences of Search, and Demographic Sample

File(s)
Bohns37 Consent searches.pdf (818.23 KB)
Permanent Link(s)
https://hdl.handle.net/1813/119827
Collections
ILR Articles and Chapters
Faculty Publications - Organizational Behavior
Author
Sommers, Roseanna
Bohns, Vanessa
Abstract

Most police searches today are authorized by citizens' consent, rather than probable cause or reasonable suspicion. The main constitutional limitation on so-called "consent searches" is the voluntariness test: whether a reasonable person would have felt free to refuse the officer's request to conduct the search. We investigate whether this legal inquiry is subject to a systematic bias whereby uninvolved decision-makers overstate the voluntariness of consent and underestimate the psychological pressure individuals feel to comply. We find evidence for a robust bias extending to requests, tasks, and populations that have not been examined previously. Across three pre-registered experiments, we approached participants ("Experiencers") with intrusive search requests and measured their behavioral compliance and self-reported feelings of psychological freedom. Another group of participants ("Forecasters") reported whether they would comply if hypothetically placed in the same situation. Study 1 investigated participants' willingness to allow experimenters access to their unlocked personal smartphones in order to read through the search histories on their web browsers-a private sphere where many individuals feel they have something to hide. Results revealed that whereas 27% of Forecasters reported they would permit such a search, 92% of Experiencers complied when asked. Study 2 replicated this underestimation-of-compliance effect when individuals were asked to permit a search of their purses, backpacks, and other bags-traditional searches not eligible for the heightened legal protection extended to digital devices. Study 3 replicated the gap between Forecasters' projections and Experiencers' behavior in a more representative sample, and found it persists even when participants' predictions are incentivized monetarily.

Date Issued
2024-03
Publisher
Wiley & Sons
Keywords
compliance
•
consent
•
police searches
•
psychology
Related DOI
https://doi.org/10.1111/jels.12375
Previously Published as
Sommers, R., & Bohns, V. K. (2024). Consent searches and underestimation of compliance: Robustness to type of search, consequences of search, and demographic sample. Journal of Empirical Legal Studies, 21, pp. 4-34.
Rights
Attribution-NonCommercial-NoDerivatives 4.0 International
Rights URI
https://creativecommons.org/licenses/by-nc-nd/4.0/
Type
article

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