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The Economics of Search Warrants

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  • Hugo Mialon
  • Sue Mialon

Abstract

We analyze the effects of the evidence standard for search warrants in an economic model of crime and search. If the warrant standard is initially below a certain positive threshold, increasing it actually reduces crime as well as searches. Moreover, the positive threshold is higher if searches are preventive than if they are not. If the warrant standard is above a positive threshold, increasing it tends to increase crime and reduce wrongful searches. However, if the police do not care too much about whether or not they search the innocent, increasing the standard also increases effort by the police to gather initial evidence non-invasively before seeking to perform invasive searches. Thus, increasing the standard might not greatly increase crime because greater police effort tends to reduce crime; but it might significantly reduce wrongful searches because greater police effort directly increases the accuracy of the police's initial evidence. The results provide efficiency arguments for a right against unreasonable searches.

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Bibliographic Info

Paper provided by Department of Economics, Emory University (Atlanta) in its series Emory Economics with number 0810.

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Date of creation: Oct 2008
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Handle: RePEc:emo:wp2003:0810

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  1. Hui, Kai-Lung & Png, Ivan P. L., 2005. "The Economics of Privacy," Working paper 272, Regulation2point0.
  2. Paul R. Milgrom, 1979. "Good Nevs and Bad News: Representation Theorems and Applications," Discussion Papers 407R, Northwestern University, Center for Mathematical Studies in Economics and Management Science.
  3. Miceli, Thomas J, 1990. "Optimal Prosecution of Defendants Whose Guilt Is Uncertain," Journal of Law, Economics and Organization, Oxford University Press, vol. 6(1), pages 189-201, Spring.
  4. Jeff Dominitz & John Knowles, 2005. "Crime Minimization and Racial Bias: What Can We Learn From Police Search Data?," PIER Working Paper Archive 05-019, Penn Institute for Economic Research, Department of Economics, University of Pennsylvania.
  5. Rubén Hernández-Murillo & John Knowles, 2004. "Racial profiling or racist policing? bounds tests in aggregate data," Working Papers 2004-012, Federal Reserve Bank of St. Louis.
  6. Dominique Demougin & Claude Fluet, 2002. "Preponderance of Evidence," CIRANO Working Papers 2002s-61, CIRANO.
  7. 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.
  8. Dhammika Dharmapala & Thomas J. Miceli, 2012. "Search, Seizure and (False?) Arrest: An Analysis of Fourth Amendment Remedies when Police can Plant Evidence," Working papers 2012-37, University of Connecticut, Department of Economics.
  9. Gary S. Becker, 1968. "Crime and Punishment: An Economic Approach," Journal of Political Economy, University of Chicago Press, vol. 76, pages 169.
  10. Mats Persson & Claes-Henric Siven, 2007. "The Becker Paradox And Type I Versus Type Ii Errors In The Economics Of Crime," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 48(1), pages 211-233, 02.
  11. Andrew F. Daughety & Jennifer F. Reinganum, 2006. "Hidden Talents: Partnerships with Pareto-Improving Private Information," Vanderbilt University Department of Economics Working Papers 0613, Vanderbilt University Department of Economics.
  12. Isaac Ehrlich, 1996. "Crime, Punishment, and the Market for Offenses," Journal of Economic Perspectives, American Economic Association, vol. 10(1), pages 43-67, Winter.
  13. Gianni De Fraja, 2003. "Reverse Discrimination and Efficiency in Education," CEIS Research Paper 38, Tor Vergata University, CEIS.
  14. repec:att:wimass:8908 is not listed on IDEAS
  15. Shamena Anwar & Hanming Fang, 2005. "An Alternative Test of Racial Prejudice in Motor Vehicle Searches: Theory and Evidence," NBER Working Papers 11264, National Bureau of Economic Research, Inc.
  16. Nicola Persico, 2002. "Racial Profiling, Fairness, and Effectiveness of Policing," American Economic Review, American Economic Association, vol. 92(5), pages 1472-1497, December.
  17. Antonio Merlo, 2004. "Introduction To Economic Models Of Crime," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 45(3), pages 677-679, 08.
  18. Steven Shavell, 1989. "Specific Versus General Enforcement of Law," NBER Working Papers 3062, National Bureau of Economic Research, Inc.
  19. Dominique Demougin & Claude Fluet, 2008. "Rules of proof, courts, and incentives," RAND Journal of Economics, RAND Corporation, vol. 39(1), pages 20-40.
  20. Matthew C. Stephenson, 2007. "Bureaucratic Decision Costs and Endogenous Agency Expertise," Journal of Law, Economics and Organization, Oxford University Press, vol. 23(2), pages 469-498, June.
  21. Juan Dubra, 2004. "Why do Good Cops Defend Bad Cops?," Econometric Society 2004 Latin American Meetings 342, Econometric Society.
  22. James Andreoni, 1991. "Reasonable Doubt and the Optimal Magnitude of Fines: Should the Penalty Fit the Crime?," RAND Journal of Economics, The RAND Corporation, vol. 22(3), pages 385-395, Autumn.
  23. Hugo Mialon, 2004. "An Economic Theory of the Fifth Amendment," Emory Economics 0409, Department of Economics, Emory University (Atlanta).
  24. Breton, Albert & Wintrobe, Ronald, 1992. "Freedom of speech vs. efficient regulation in markets for ideas," Journal of Economic Behavior & Organization, Elsevier, vol. 17(2), pages 217-239, March.
  25. Nuno Garoupa & Frank H Stephen, 2004. "Optimal Law Enforcement with Legal Aid," Economica, London School of Economics and Political Science, vol. 71(283), pages 493-500, 08.
  26. Posner, Richard A, 1981. "The Economics of Privacy," American Economic Review, American Economic Association, vol. 71(2), pages 405-09, May.
  27. George J. Stigler, 1980. "An Introduction to Privacy in Economics and Politics," University of Chicago - George G. Stigler Center for Study of Economy and State 10, Chicago - Center for Study of Economy and State.
  28. Nuno Garoupa, 2007. "On the Optimal Choice of Enforcement Technology. An Efficiency Explanation of Privacy Rights," Revue économique, Presses de Sciences-Po, vol. 58(6), pages 1353-1362.
  29. Richard A. Posner, 1980. "The Economics of Privacy," University of Chicago - George G. Stigler Center for Study of Economy and State 16, Chicago - Center for Study of Economy and State.
  30. Sue H. Mialon, 2008. "The Effects of the Fourth Amendment: An Economic Analysis," Journal of Law, Economics and Organization, Oxford University Press, vol. 24(1), pages 22-44, May.
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Cited by:
  1. Dhammika Dharmapala & Thomas J. Miceli, 2003. "Search, Seizure and (False?) Arrest: An Analysis of Fourth Amendment Remedies when Police can Plant Evidence," Working papers 2003-37, University of Connecticut, Department of Economics.

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