Search, Seizure and (False?) Arrest: An Analysis of Fourth Amendment Remedies when Police can Plant Evidence
The Fourth Amendment prohibits unreasonable searches and seizures in criminal investigations. The Supreme Court has interpreted this to require that police obtain a warrant prior to search and that illegally seized evidence be excluded from trial. A consensus has developed in the law and economics literature that tort liability for police officers would be a superior means of deterring unreasonable searches. We argue that this conclusion depends on the assumption of truth-seeking police, and develop a game-theoretic model to compare the two remedies when some police officers (“bad” types) are willing to plant evidence in order to obtain convictions, while other police (“good” types) are not (where this type is private information). We characterize the perfect Bayesian equilibria of the asymmetric-information game between the police and a court that seeks to minimize error costs in deciding whether to convict or acquit suspects. In this framework, we show that the exclusionary rule with a warrant requirement leads to superior outcomes (relative to tort liability) in terms of the truth-finding function of courts, because the warrant requirement can reduce the scope for “bad” types of police to plant evidence. JEL Classification: K14, K42 Key words: Exclusionary rule, Fourth Amendment, search and seizure
|Date of creation:||Oct 2012|
|Date of revision:|
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- 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.
- Hugo Mialon & Sue Mialon, 2008. "The Economics of Search Warrants," Emory Economics 0810, Department of Economics, Emory University (Atlanta).
- 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 157-79, April.
- Dhammika Dharmapala & Richard H. McAdams, 2003. "The Condorcet Jury Theorem and the Expressive Function of Law: A Theory of Informative Law," American Law and Economics Review, Oxford University Press, vol. 5(1), pages 1-31.
- Andrew F. Daughety & Jennifer F. Reinganum, 1994.
"Keeping Society in the Dark: On the Admissibility of Pretrial Negotiations As Evidence in Court,"
Game Theory and Information
- Andrew F. Daughety & Jennifer F. Reinganum, 1995. "Keeping Society in the Dark: On the Admissibility of Pretrial Negotiations as Evidence in Court," RAND Journal of Economics, The RAND Corporation, vol. 26(2), pages 203-221, Summer.
- Daughety, Andrew & Reinganum, Jennifer, 1994. "Keeping Society in the Dark: On the Admissibility of Pretrial Negotiations as Evidence in Court," Working Papers 94-06, University of Iowa, Department of Economics.
- Daughety, A. & Reinganum, J., 1991. "Keeping Society in the Dark : On the Admissibility of Pretrial Nogotiations as Evidence in Court," Working Papers 91-24, University of Iowa, Department of Economics.
- Bowles, Roger & Garoupa, Nuno, 1997. "Casual police corruption and the economics of crime," International Review of Law and Economics, Elsevier, vol. 17(1), pages 75-87, March.
- Jean-Pierre Benoit & Juan Dubra, 2004.
"Why Do Good Cops Defend Bad Cops?,"
International Economic Review,
Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 45(3), pages 787-809, 08.
- Polinsky, A. Mitchell & Shavell, Steven, 2001.
"Corruption and optimal law enforcement,"
Journal of Public Economics,
Elsevier, vol. 81(1), pages 1-24, July.
- Reinganum, Jennifer F., 1986.
"Plea Bargaining and Prosecutorial Discretion,"
616, California Institute of Technology, Division of the Humanities and Social Sciences.
- 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.
- Gerd Muehlheusser & Andreas Roider, 2004.
"Black Sheep and Walls of Silence,"
Bonn Econ Discussion Papers
bgse17_2005, University of Bonn, Germany, revised Jun 2005.
- Gerd Muehlheusser & Andreas Roider, 2004. "Black Sheep and Walls of Silence," Diskussionsschriften dp0410, Universitaet Bern, Departement Volkswirtschaft.
- Muehlheusser, Gerd & Roider, Andreas, 2004. "Black Sheep and Walls of Silence," IZA Discussion Papers 1171, Institute for the Study of Labor (IZA).
- Mühlheusser, Gerd & Roider, Andreas, 2005. "Black Sheep and Walls of Silence," Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems 56, Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich.
- Muehlheusser, Gerd & Roider, Andreas, 2005. "Black Sheep and Walls of Silence," CEPR Discussion Papers 5308, C.E.P.R. Discussion Papers.
- Schrag, Joel & Scotchmer, Suzanne, 1994. "Crime and Prejudice: The Use of Character Evidence in Criminal Trials," Journal of Law, Economics and Organization, Oxford University Press, vol. 10(2), pages 319-42, October.
- Grossman, Gene M & Katz, Michael L, 1983. "Plea Bargaining and Social Welfare," American Economic Review, American Economic Association, vol. 73(4), pages 749-57, September.
- Timothy Feddersen & Wolfgang Pesendorfer, 1996. "Convicting the Innocent: The Inferiority of Unanimous Jury Verdicts," Discussion Papers 1170, Northwestern University, Center for Mathematical Studies in Economics and Management Science.
- 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.
- Benjamin Lester & Nicola Persico & Ludo Visschers, 2012. "Information Acquisition and the Exclusion of Evidence in Trials," Journal of Law, Economics and Organization, Oxford University Press, vol. 28(1), pages 163-182.
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