Search and Reflect: How Unexpected Outcomes
Shape Hindsight Bias and Probable Cause

AP-LS 2024: Data Blitz

Emma Marshall, JD, MA

University of Nebraska-Lincoln

Eve M. Brank, JD, PhD

University of Nebraska-Lincoln

Jennifer L. Groscup, JD, PhD

Scripps College

Warrantless Vehicle Searches

Probable Cause

Reasonable belief that a search would reveal contraband or evidence of a crime

Taslitz, 2010

Hindsight Bias

Overestimating the predictability of a past event after its outcome is known

Casper, Benedict, & Perry, 1989; Robbennolt & Sobus, 1997

Sense-making Process

Roese & Vohs, 2012; Yopchick & Kim, 2012

Methods

Results

More likely to find probable cause after
expected or surprise outcome

Results

Sense-making process

Results

Results

Known outcome more probable
when surprise = gun but not expected = drugs

Results

Known outcome more probable
when surprise = gun but not expected = drugs

Implications

Thank you!