Lawrence Rosenthal

87 Texas L. Rev. See Also 63

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In this comment, Professor Rosenthal agrees that success rates of officers should be taken into account in making probable cause determinations, but points out one area that Professor Minzner may have overlooked: the problem of overdeterrence.

If the success rate of every officer is scrutinized, and officers are indeed sensitive to the exclusion of evidence or the potential for civil liability, it is likely they will simply refrain from conducting searches except when the likelihood of success is extraordinarily high.  Professor Rosenthal suggests that this should be a cause for great concern because a decrease in the number of searches in high-crime areas could lead to a substantially higher crime rate, especially violent crime.  He concludes, however, that this should not point towards disregarding Professor Minzner’s proposal, but discusses two solutions to the problem.