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Do Warrants Matter?

Author

Listed:
  • 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(2), pages 169-196, September.
    • Handle: RePEc:bpj:rlecon:v:9:y:2013:i:2:p:169-196:n:3
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    References listed on IDEAS

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    1. Jeff Dominitz & John Knowles, 2006. "Crime minimisation and racial bias: what can we learn from police search data?," Economic Journal, Royal Economic Society, vol. 116(515), pages 368-384, November.
    2. Nicola Persico & Petra E. Todd, 2005. "Passenger Profiling, Imperfect Screening, and Airport Security," American Economic Review, American Economic Association, vol. 95(2), pages 127-131, May.
    3. Shamena Anwar & Hanming Fang, 2006. "An Alternative Test of Racial Prejudice in Motor Vehicle Searches: Theory and Evidence," American Economic Review, American Economic Association, vol. 96(1), pages 127-151, March.
    4. John Knowles & Nicola Persico & Petra Todd, 2001. "Racial Bias in Motor Vehicle Searches: Theory and Evidence," Journal of Political Economy, University of Chicago Press, vol. 109(1), pages 203-232, February.
    5. Atkins, Raymond A & Rubin, Paul H, 2003. "Effects of Criminal Procedure on Crime Rates: Mapping Out the Consequences of the Exclusionary Rule," Journal of Law and Economics, University of Chicago Press, vol. 46(1), pages 157-179, April.
    6. Kate Antonovics & Brian G. Knight, 2009. "A New Look at Racial Profiling: Evidence from the Boston Police Department," The Review of Economics and Statistics, MIT Press, vol. 91(1), pages 163-177, February.
    7. Nicola Persico & Petra Todd, 2004. "Using Hit Rate Tests to Test for Racial Bias in Law Enforcement: Vehicle Searches in Wichita," NBER Working Papers 10947, National Bureau of Economic Research, Inc.
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