NCJ Number
111640
Journal
Journal of Applied Social Psychology Volume: 18 Issue: 1 Dated: (January 1988) Pages: 38-49
Date Published
1988
Length
12 pages
Annotation
This laboratory experimental study examined perceived voluntariness of consent in warrantless police searches and the form of a police search request.
Abstract
Research on actor-observer divergence in causal perceptions has identified the possibility of misunderstanding between courts and defendants regarding perceived voluntariness of consent to warrantless searches. Research on speech-act theory suggests that perceived choice of consent is greatest when a search request is phrased interrogatively and without specificity. To investigate these issues, 96 subjects read vignettes in which 2 levels of perspective (consentor or observer) were crossed with 2 levels of request form (interrogative or declarative) and 2 levels of request specificity (not specific or specific). Observers underestimated the likelihood of consentors' requesting more information about the search request and overestimated consentors' perceived freedom to revoke consent and the permitted scope of the search. Search request phrased interrogatively resulted in higher perceived choice in permitting entry but also resulted in higher perceived likelihood of granting entry. Ignorance of legal ramifications of consent searches is apparently widespread, even in a college-educated sample. 1 table and 36 references. (Author abstract modified)