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Do Warrants Matter?

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  • Minzner Max

    (School of Law, University of New Mexico, Albuquerque, NM 87131, USA)

  • Anderson Christopher M.

    (School of Aquatic and Fishery Sciences, University of Washington, 1122 Boat Street, Seattle, WA 98195, USA)

Abstract

We examine traditional criminal wiretaps to determine whether the 4th Amendment’s warrant requirement limits law enforcement. We develop a formal model relating law enforcement’s decision to pursue a wiretap to its exogenous cost, probability of yielding evidence, and the expected value of that evidence. We use the model to analyze success rates of all traditional federal wiretaps initiated 1997–2004. We find budget constraints cause law enforcement to pursue only taps that are particularly likely to succeed. Thus, eliminating the warrant requirement for traditional wiretaps would matter little, and the significance of a warrant requirement for new investigative programs, such as the Terrorist Surveillance Program, depends on budget.

Suggested Citation

  • Minzner Max & Anderson Christopher M., 2013. "Do Warrants Matter?," Review of Law & Economics, De Gruyter, vol. 9(1), pages 169-196, September.
    • Handle: RePEc:bpj:rlecon:v:9:y:2013:i:1:p:169-196:n:6
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