NCJ Number
115003
Journal
Journal of Applied Social Psychology Volume: 18 Issue: 15 Dated: (December 1988, Part 1) Pages: 1275-1287
Date Published
1988
Length
13 pages
Annotation
This study investigated the degree of correspondence between legal concepts underlying third-party consent searches (a co-resident permits a police search of shared living space and belongings) and laypersons' sociocultural expectations.
Abstract
In accord with legal concepts, the study hypothesized that laypersons would be able to distinguish between authority over exclusive-use vs. common-use areas and personal effects in exclusive-use vs. common-use areas. The study also hypothesized that the interpretation of 'common authority' would be influenced by the presence vs. absence of the co-resident and that the type of intruder (social, commercial, civil authority, or criminal justice authority) would influence responses to requests for entry. These hypotheses were tested using a fully between-subjects factorial design (N=160). Results support the first three hypotheses. Subjects understood the concept of a warrantless search and distinguished between 'exclusive-use' areas and 'common-authority' areas at the level of rooms within the shared residence. Subjects' interpretation of 'common authority' for third-party consent purposes was influenced by the physical presence of the co-resident. If the co-resident was absent, 'common authority' was interpreted as independent-consent power. There was no consensual interpretation of 'common authority' when the co-resident was present and protected the proposed search. Results suggest situational dependence of lay understandings of 'common authority' over jointly used areas. 1 table, 47 references. (Author abstract modified)