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State versus federal wiretap orders: A look at the data

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  • Chan, Jason
  • Kim, Jin-Hyuk
  • Wagman, Liad

Abstract

Federal and state law enforcement interceptions of communications, as authorized by the Electronic Communications Privacy Act and analogous state laws, are contingent on obtaining a court order. We investigate how wiretap orders have been utilized in narcotics cases across the federal and state court systems. We characterize a sorting mechanism that is consistent with our data and empirical findings, whereby federal wiretap orders trade off prosecution outcomes and crime deterrence more quickly than state wiretap orders. We also find that the intensity of surveillance in most states and years is at the lower end of the enforcement-deterrence trade-off, reflecting the high cost of running wiretap operations.

Suggested Citation

  • Chan, Jason & Kim, Jin-Hyuk & Wagman, Liad, 2022. "State versus federal wiretap orders: A look at the data," International Review of Law and Economics, Elsevier, vol. 70(C).
    • Handle: RePEc:eee:irlaec:v:70:y:2022:i:c:s0144818822000205
    DOI: 10.1016/j.irle.2022.106064
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    References listed on IDEAS

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    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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