Abstract

This research integrates Milgram's social psychology experiments about obedience to authority and the literature on police-citizen interactions. Testing the voluntary waiver of citizens' Fourth Amendment rights in automobile consent search situations, the research sought to examine why people give consent and whether "informed consent" altered the rates at which consent was given. ;The study utilized three data sources. All consent searches conducted by the Maryland State Police from 1995--1997; All consent searches conducted by the Ohio Highway Patrol from 1987--1991 and 1995--1997; Interviews with subjects who were asked for consent to search their vehicles by the OHP between 1995--1997. ;The findings strongly support Milgram's obedience to authority model. 90--95% of subjects gave consent to search their automobiles. Demographic characteristics---age, race, and sex---had virtually no effect on rates of consent. It was predicted that the police would have to manipulate the situation to gain compliance, and that citizens would be unaware of their reasons for consenting. However, situational factors had no influence on the decision to consent and citizens were very much aware of why they consented. Virtually every consenter believed that the officer would have conducted the search regardless of their refusal, that a refusal was futile, and that they would be punished for non-compliance. Contrary to the expectation of case law, but consistent with Milgram's findings, advising citizens that they have the right to leave did not change the rate of consent. Most subjects who were legally required to be informed of their right to leave did not recall being given the warning. Most who were warned stated that the advisement was often qualified with a threat. ;Although the situational factors failed to influence citizens' behaviors, the findings strongly support the Obedience to Authority model. Consistent with Milgram's suggestion, requests backed by the full power of the state through its police, increased compliance rates above those observed in his experiments. The overall findings suggest there is very little "voluntariness" in the waivers of Fourth Amendment rights by citizens. This is the case even when judicial protections are added. "Informed consent" does not appear to decrease the rate of compliance with consent requests by law enforcement. Citizens readily waive their Fourth Amendment rights when confronted in automobile stop under any condition