Hindsight bias and third-party consentors to warrantless police searches.

Abstract

Research on hindsight bias indicates that awareness of event outcome influences how individuals interpret information and form judgments. We extend this earlier work to suggest that the effect of this bias on lay perceptions of third-party consent to warrantless searchers of residences may be contingent upon the presence verus absence of the search target(the suspect). A study using random assignment to experimental conditions in a between-subjects design explored this possibility. The experiment indicated that hindsight bias in perceived rights of the third-party consentor is influenced, not only by search outcome, but also by a web of overlapping and potentially competing social obligations and personal prerogatives, the salience of which is influenced by situational dynamics.

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