IDEAS home Printed from https://ideas.repec.org/
MyIDEAS: Login to save this paper or follow this series

The Economics of Search Warrants

  • Hugo Mialon
  • Sue Mialon

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.

If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

File URL: http://economics.emory.edu/home/assets/workingpapers/hsmialon_08_10_paper.pdf
Our checks indicate that this address may not be valid because: 404 Not Found. If this is indeed the case, please notify (Sue Mialon)


Download Restriction: no

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

as
in new window

Length:
Date of creation: Oct 2008
Date of revision:
Handle: RePEc:emo:wp2003:0810
Contact details of provider: Web page: http://economics.emory.edu/home/journals/Email:


More information through EDIRC

References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:

as in new window
  1. Gianni De Fraja, 2003. "Reverse Discrimination and Efficiency in Education," CEIS Research Paper 38, Tor Vergata University, CEIS.
  2. John Knowles & Nicola Persico & Petra Todd, . "Racial Bias in Motor Vehicle Searches: Theory and Evidence," Penn CARESS Working Papers 5940d5c4875c571776fb29700, Penn Economics Department.
  3. Posner, Richard A, 1981. "The Economics of Privacy," American Economic Review, American Economic Association, vol. 71(2), pages 405-09, May.
  4. Dominique Demougin & Claude Fluet, 2006. "Rules of Proof, Courts, and Incentives," Cahiers de recherche 0633, CIRPEE.
  5. 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.
  6. 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 F368-F384, November.
  7. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54 National Bureau of Economic Research, Inc.
  8. 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.
  9. Hugo M. Mialon, 2005. "An Economic Theory of the Fifth Amendment," RAND Journal of Economics, The RAND Corporation, vol. 36(4), pages 833-848, Winter.
  10. 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.
  11. L. Randall Wray & Stephanie Bell, 2004. "Introduction," Chapters, in: Credit and State Theories of Money, chapter 1 Edward Elgar.
  12. Benoit, J-P. & Dubra, J., 2003. "Why Do Good Cops Defend Bad Cops?," Working Papers 03-01, C.V. Starr Center for Applied Economics, New York University.
  13. 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.
  14. Rubén Hernández-Murillo & John Knowles, 2004. "Racial Profiling Or Racist Policing? Bounds Tests In Aggregate Data," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 45(3), pages 959-989, 08.
  15. Dominique Demougin & Claude Fluet, 2002. "Preponderance of Evidence," CIRANO Working Papers 2002s-61, CIRANO.
  16. 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.
  17. Shavell, Steven, 1991. "Specific versus General Enforcement of Law," Journal of Political Economy, University of Chicago Press, vol. 99(5), pages 1088-1108, October.
  18. 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.
  19. Isaac Ehrlich, 1996. "Crime, Punishment, and the Market for Offenses," Journal of Economic Perspectives, American Economic Association, vol. 10(1), pages 43-67, Winter.
  20. Nicola Persico, 2002. "Racial Profiling, Fairness, and Effectiveness of Policing," American Economic Review, American Economic Association, vol. 92(5), pages 1472-1497, December.
  21. repec:att:wimass:8908 is not listed on IDEAS
  22. Kai-Lung Hui & I.P.L. Png, 2005. "The Economics of Privacy," Industrial Organization 0505007, EconWPA, revised 29 Aug 2005.
  23. 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.
  24. 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.
  25. 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.
  26. 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.
  27. 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.
  28. 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.
  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. Gerald D. Gay & Martin F. Grace & Jayant R. Kale & Thomas H. Noe, 1989. "Noisy Juries and the Choice of Trial Mode in a Sequential Signalling Game: Theory and Evidence," RAND Journal of Economics, The RAND Corporation, vol. 20(2), pages 196-213, Summer.
  31. 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.
  32. 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.
Full references (including those not matched with items on IDEAS)

This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

When requesting a correction, please mention this item's handle: RePEc:emo:wp2003:0810. See general information about how to correct material in RePEc.

For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Sue Mialon)

If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

If references are entirely missing, you can add them using this form.

If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

Please note that corrections may take a couple of weeks to filter through the various RePEc services.

This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.