The John Marshall Law Review
Volume 47 | Issue 4
Article 16
Summer 2014
More Bang for Their Buck: How Federal Dollars
are Militarizing American Law Enforcement, 47 J.
Marshall L. Rev. 1479 (2014)
Jeffrey Endebak
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Recommended Citation
Jeffrey Endebak, More Bang for Their Buck: How Federal Dollars are Militarizing American Law Enforcement, 47 J. Marshall L. Rev.
1479 (2014)
http://repository.jmls.edu/lawreview/vol47/iss4/16
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MORE BANG FOR THEIR BUCK: HOW
FEDERAL DOLLARS ARE MILITARIZING
AMERICAN LAW ENFORCEMENT
JEFFREY A. ENDEBAK *
1482
I. Introduction ....................................................................... 1478
1485
II. Background ........................................................................ 1481
1486
A. The Department of Homeland Security.................... 1482
B. The Hom eland Security Grant Program .................. 1486
1482
1488
1. The State Homeland Security Program .............. 1484
2. The Urban Areas Security Initiative .................. 1488
1484
3. Operation Stonegarden ...................................... 1489
1485
4. Law
Enforcement
Terrorism
Prevention
Program ............................................................. 1485
1489
1492
III. Analysis ............................................................................. 1488
1492
A. Militarization .......................................................... 1488
1492
1. Armed to the Teeth ............................................ 1488
2. Encouraging the Warrior Mentality ................... 1493
1489
B. What’s So Bad About Warrior Cops? ........................ 1491
1495
1. Mission Creep .................................................... 1492
1496
2. Violation of the Castle Doctrine.......................... 1495
1499
1500
C. Another L ook at the Shooting of Jose Guerena ........ 1496
IV. Proposal ............................................................................. 1497
1501
1501
A. Recognizing the Problem ......................................... 1497
1502
B. Meaningful Reform .................................................. 1498
1. National ............................................................. 1498
1502
1503
2. State .................................................................. 1499
3. Local .................................................................. 1505
1501
1505
V. Conclusion ........................................................................ 1501
ON FERGUSON
The recent events in Ferguson, Missouri, have brought the
issue of police militarization into the spotlight. On August 9,
2014, Ferguson Police Officer Darren Wilson shot and killed
While law enforcement
eighteen-year-old Michael Brown. 1
* J.D. Candidate, 2015, The John Marshall Law School, Chicago, Illinois.
This comment is dedicated to my parents, for their love and support, and to
my beautiful wife, Mai, whom I love dearly.
1 Multiple investigations underway in Ferguson shooting, KMOV .COM (Aug.
9, 2014, 3:04 PM), available at http://www.kmov.com/news/local/Heavy-policepresence--270609091.html; Ferguson Police Officer Darren Wilson Revealed as
Missouri Fatal Shooting Cop, ABC NEWS (Aug. 15, 2014), available at
http://abcnews.go.com/US/ferguson-police-officer-darren-wilson-revealed1475
1479
1480
1476
1168
47 JO HN M ARS HALL L. REV . 1480
1476
1168
Vol. 47:4
investigated
different
fromthe
itscircumstances
predecessors, particularly
of the shooting,
sinceFerguson
it had the
residents
benefit
staged
of
two years
protests,
of planning.
which escalated quickly into riots and looting. 2
On the
night
August
10, 2014, at
least a dozen
were
Like
the ofshift
in conference
scheduling,
otherbusinesses
changes have
looted. place
Among
these
a QuickTrip
convenience
store, efforts
which
taken
within
thewas
LatCrit
entity, including
concerted
3 The riots and looting
continued
and
wascontinue
looted and
set on fire.
to
a process
of institutionalization.
In recent
years,onthere
4
off for
a week.
has
been
a growing focus on how to capitalize on its critical niche,
Thecultivating
police response
to generation
the violence
Ferguson
included
continue
the next
of in
critical
scholars,
and
commonthat
riot the
control
Generally,
riot control
serves
two
ensure
batonmethods.
of outsider
jurisprudence
is passed
along.
purposes: crowd
control and crowd
dispersal.
Crowd acontrol
is
Internally,
the organization
has shifted,
including
gradual
often achieved
kettling,
a tactic that
changing
of thebyguard
in leadership,
so toinvolves
speak, police
as wellofficers
as a
with riot gear
formation, using
their
shields and
downsizing
in inadministration.
For
example,
frombatons
2008 totomove
the
or contain
crowd.
Crowdwas
dispersal,
on the
other hand,
present,
the the
Board
of Directors
intentionally
downsized,
with
generally
of less-than-lethal
weaponry
breaklaw
up
a
growinginvolves
numbertheof use
Board
seats being occupied
by to
junior
the crowd.6
Police officers frequently use tear gas, flashbang
professors.
Another
major
development
LatCrit’s
acquisition
a
grenades,
smoke
grenades,
rubber is
bullets,
bean-bag
rounds, ofand
physical
space for
organization.
property,
Sano
water cannons
for the
crowd
dispersal. The
Police
officers Campo
in Ferguson
(Spanish
“Camp
Healthy,”
moredispersal
literally,methods
“Camp Sanity”),
is
used bothforcrowd
control
and or
crowd
at various
a
ten-acre
parcel
of land5 located in Central Florida. 7 Purchased by
times
during
the unrest.
LatCritAlthough
in 2011, these
the space
methods
is home
are sometimes
to The Living
necessary
JusticetoCenter
cease
8 The the
physical
serves
and
violence
the LatCrit
and prevent
Community
it from
Campus.
spreading,
policefacility
response
in
as a means
level the playing
field to
and
LatCrit
activistsOn
a
Ferguson
was“toheavy-handed
and akin
a give
military
operation.
9 The
space isa intended
fighting 11,
chance
to abeSWAT
heard.”
August
2014,
team
occupied
street in Ferguson near
the crowd of demonstrators. 6 The SWAT officers wore military
camouflage
trousers
andhub
combat
boots, educational,
both virtually
identical to
to serve
as the
of their
research,
7
They
also wore and
helmets,
those advocacy
worn by United
States Marines.
and activism
to remedy
the imbalance
gas masks,
and body
armor,
and legal
carriedsystem.
the same
M4 carbines
deficiencies
of the
current
Having
an
used independent
by the military
with Advanced
Gunsights
physical
base hasCombat
becomeOptical
critical
as
(“ACOG’s”)
and four
six schools
extra magazines
their
vests.
universities
andtolaw
increasinglyonare
even
less8 In
missouri-fatal/story?id=24992945.
2 Daveand
Naming
Urbanski,
Launching
‘Anything
a New
WeDiscourse
Want!’: Looting,
of Critical
Vandalism
Legal Reported
Scholarship,
After2
HARV .for
LATINO
L. REV
. 1 Fatally
(1997). Shot by Police, THE BLAZE (Aug. 10, 2014,
Vigil
Unarmed
Teen
ATINA & LATINO
11:24
SeePM),
also
http://www.theblaze.com/stories/2014/08/10/anyth
LatCrit Biennial Conferences, LATCRIT: Ling-we-wantC
RITICAL LEGAL THEORY, INC., http://latcrit.org/content/conferences/latcritlooting-vandalism-reported-after-vigil-for-unarmed-teen-fatally-shot-bybiennial-conferences/
(last visited July 5, 2013) (providing a list of the previous
police/.
3 Vera Culley
et al., Businesses
damaged
following
Mike
conferences,
and providing
direct links
to view
symposiaviolence
articles over
for some
NOW.COM
(Aug. 10, year’s
2014, link
8:45 toPM),
available at
Brown’s
death,
years (found
by FOX2
following
the respective
its corresponding
http://fox2now.com/2014/08/10/report-michael-brown-protesters-damagewebpage).
police-vehicles-on-west-florissant/.
Additionally, LatCrit has developed a substantial body of scholarship from
4 Colby
Itkowitz,
Timeline
of events
Ferguson,
Mo., WASHINGTON
several
other
stand-alone
symposia:
interinalia
the South-North
Exchange,POST
the
(Aug.
2014),
available
at http://www.washingtonpost.com/politics/timelineStudy 16,
Space
Series,
the International
and Comparative Colloquia. LatCrit
of-events-in-ferguson-mo/2014/08/16/02f37e8c-2580-11e4-86caSymposia,
LATCRIT: LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY,
I6f03cbd15c1a_story.html.
NC.,
http://latcrit.org/content/publications/latcrit-symposium/
(last
visited
Police
July5 5,
2014).clash with Michael Brown shooting protestors in Ferguson, two
6 Thesebriefly
include detained,
ProfessorsFOX
Marc-Tizoc
NEWS González,
(Aug. 14, Andrea
2014), Freeman,
available and
at
reporters
César
http://www.foxnews.com/us/2014/08/14/police-clash-with-michael-brownCuahtémoc García Hernández. See About LatCrit, supra note 3 (listing
the
shooting-protesters-in-ferguson-two-reporters/.
professors on the LatCrit Board of Directors and their respective law
6 Paul Szoldra, This Is The Terrifying Result Of The Militarization Of
schools).
7 Campo
Sano,
INSIDER
LATCRIT
(Aug.
: L12,
ATINA
2014),
ANDavailable
LATINO at
CRITICAL LEGAL THEORY,
Police,
BUSINESS
Ihttp://www.businessinsider.com/police-m
NC, http://www.latcrit.org/content/campo-sano/
(last visited July 5, 2014).
ilitar ization-ferguson-2014-8.
7 Id.
8
8 Id.
9
Lyle Jeremy Rubin, A Former Marine Explains All the Weapons of War
Vol. 47:4
More Bang for Your Buck
1477
1481
fact, “[s]ome veterans of the wars in Afghanistan and Iraq noted
that the cops appeared better-armed and outfitted in middle
America than the GIs had been in the war zones.” 9 The SWAT
officers also brought with them a Bearcat armored vehicle, 10
similar to the Mine-Resistant Ambush Protected (“MRAP”)
vehicles used by American soldiers and Marines in Iraq and
Afghanistan. The Bearcat, which costs $360,000, and much of the
body armor, was purchased with grant funds from the Department
Since 2003, the St. Louis Regional
of Homeland Security. 11
Response System, a state agency that administers DHS grants,
has spent $9.4 million of DHS grant funds purchasing equipment
for police departments in St. Louis County. 12
The police response in Ferguson also illustrated the
pervasiveness of the warrior mentality.
One Ferguson police
officer said to the demonstrators: “Bring it. You f*****g animals,
bring it.” 13 Another Ferguson police officer stated in a comment on
Facebook that “[t]hese protestors should be put down like a rabid
dog the first night.” 14 In the evening of August 18 and morning of
August 19, 2014, six journalists were arrested while covering the
situation in Ferguson. 15 On August 19, a police officer in Ferguson
aimed his rifle at peaceful protestors and media members and
yelled “I will f*****g kill you, get back!” 16 The officers’ conduct
epitomizes
the
“us-versus-them”
warrior
mentality
that
encourages police officers to treat American streets as a warzone
and American citizens as the enemy. Indeed, “it seems that some
police officers have shed the blue uniform and have put on the
uniform and gear of the military, bringing the attitude along with
it.” 17
Being Used by Police in Ferguson, THE NATION (Aug. 20, 2014), available at
http://www.thenation.com/article/181315/catalog-ferguson-police-weaponry#.
9 Mark Thompson, War Comes Home: The Militarization of U.S. Police
Forces, TIME (Aug. 19, 2014), available at http://time.com/3144818/fergusonpolice-militarization-pic tures/.
10 Szoldra, supra note 6.
11 Julie Bosman & Matt Apuzzo, In Wake of Clashes, Calls to Demilitarize
Y.
TIMES
(Aug.
14,
2014),
available
at
Police,
N.
http://www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashescalls-to-demilitarize-police.htm l?_r=0.
12 Id.
13 Szoldra, supra note 6.
14 Joshua Berlinger, St-Louis-area officer fired after Facebook comments on
Ferguson protests, CNN (Aug. 30, 2014), available at
http://www.cnn.com/2014/08/29/us/officer-fired-ferguson/.
15 Brian Stelter, 6 more journalists arrested in Ferguson protests, CNN,
http://www.cnn.com/2014/08/19/us/ferguson-journalists-arrested/ (last updated
Aug. 19, 2014).
16 Sasha Goldstein, Suburban St. Louis cop suspended for threatening to
kill, pointing gun at media in Ferguson, Mo., NEW YORK DAILY NEWS (Aug. 20,
2014, 6:59 PM), available at http://www.nydailynews.com/news/national/stlouis-area-suspended-threatening-kill-media-ferguson-artic le-1.1911046.
17 Szoldra, supra note 6.
1482
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47 JO HN M ARS HALL L. REV . 1482
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Vol. 47:4
different
The from
police
its predecessors,
response in
particularly
Fergusonsince
has
it had
pushed
the benefit
the
militarization
police into the spotlight. Attorney General Eric
of
two years of of
planning.
Holder
commented
martial display
in Ferguson,
stating:have
“At
Like
the shift on
in the
conference
scheduling,
other changes
a timeplace
when
we the
must
seek entity,
to rebuild
trust
betweenefforts
law
taken
within
LatCrit
including
concerted
enforcement
the local
community, I am In
deeply
concerned
that
to
continue aand
process
of institutionalization.
recent
years, there
the been
deployment
of focus
military
equipment
andonvehicles
sends
a
has
a growing
on how
to capitalize
its critical
niche,
conflictingcultivating
message.” 18
On August
23, of
2014,
President
Barack
continue
the next
generation
critical
scholars,
and
Obama that
ordered
review
of federal
programs that
enablealong.
law
ensure
the abaton
of outsider
jurisprudence
is passed
enforcement theagencies
to acquire
military
equipment
and
Internally,
organization
has shifted,
including
a gradual
weapons. 19of the
President
Obama
remarked
“there
is aasbig
changing
guard in
leadership,
so tothat
speak,
as well
a
difference between
our military For
and example,
our localfrom
law 2008
enforcement,
downsizing
in administration.
to the
and we don’t
want those
lines blurred
. . . That would
be contrary
present,
the Board
of Directors
was intentionally
downsized,
with
to growing
our traditions.”
a review
the HSGP
and 1033
a
number20 of Although
Board seats
being of
occupied
by junior
law
Programs 6is a promising start, the lines between military and
professors.
policeAnother
have already
blurred, and
the American
tradition
major been
development
is LatCrit’s
acquisition
of of
a
civil law enforcement
is waning.
physical
space for the
organization. The property, Campo Sano
(Spanish for “Camp Healthy,” or more literally, “Camp Sanity”), is
INTRODUCTION
a ten-acre parcel of landI. located
in Central Florida. 7 Purchased by
LatCrit in 2011, the space is home to The Living Justice Center
8 The
facility
serves
and the
“Weapons
LatCrit of
Community
war haveCampus.
no place
on physical
our streets,”
declared
as
a means
“to level
field and
give
LatCrit activists
a
President
Obama
at the playing
Minneapolis
Police
Department’s
special
21 heard.”
9 The spacewas
The President
is intended
referring to private
fighting
chance
to be
operations
center.
ownership of semi-automatic rifles, 22 not to the armored vehicles
and fully
automatic
weapons
deployed
by policeresearch,
departments
to serve
as the
hub being
of their
educational,
Although
the President’s
message
aroundadvocacy
the nation.
and 23
activism
to remedy
the imbalance
and was
misdirected,
his words
unintentionally,
describe
deficiencies
of theactually,
currentand
legal
system. Having
an the
problem
with the escalating
of policecritical
in the as
United
independent
physical militarization
base has become
24 This militarization
has produced
harmful
States.universities
and law schools
increasingly
are and
evensometimes
less
18 Bosman
Naming
and Launching
& Apuzzo, supra
a New
note
Discourse
11.
of Critical Legal Scholarship, 2
19 .Erin
HARV
LATINO
McPike
L. REV
& Jessica
. 1 (1997).
Ravitz, Obama orders review of military
equipment
See also
sales
LatCrit
to police,
Biennial
CNN, Conferences, LATCRIT: LATINA & LATINO
C
RITICAL LEGAL THEORY, INC., http://latcrit.org/content/conferences/latcrithttp://www.cnn.com/2014/08/23/politics/m
ilitar y-equipment- police-review/ (last
biennial-conferences/
(last visited July 5, 2013) (providing a list of the previous
updated Aug. 23, 2014).
20 Id.
conferences,
and providing direct links to view symposia articles for some
21 Margaret
Talev,
Obamathe
Says
Consensusyear’s
Emerging
Buyer
years
(found by
following
respective
link on
to Gun
its corresponding
Checks, BLOOMBERG (Feb. 4, 2013, 11:00 PM),
webpage).
http://www.bloomberg.com/news/2013-02-04/obama-says-consensus-emergingAdditionally, LatCrit has developed a substantial body of scholarship from
on-gun-buyer-checks.html.
several
other stand-alone symposia: inter alia the South-North Exchange, the
22 Id.
Study
Space Series, the International and Comparative Colloquia. LatCrit
23 See, e.g.,
CRIT
Police
: LATObtaining
CRIT: LATINA
Military
& LVehicles
ATINO Cto
RITICAL
Aid Hunt
LEGAL
for THEORY,
Symposia,
LATUS
INC.,
http://latcrit.org/content/publications/latcrit-symposium/
(last
visited
Criminals,
FOXNEWS (Sept. 30, 2013), available at
http://www.foxnews.com/us/2013/09/30/us-police-obtaining-m
July 5, 2014).
ilitary-vehicles6 These include Professors
Marc-Tizoc
Andrea
Freeman,
and
to-aid-hunt-for-criminals/
(reporting
that the González,
Dallas County
Sherriff’s
Office,
César
Cuahtémoc
García
Hernández. See
About
supra
note 3 (listing
the police
department
of Murfreesboro,
Tenn.,
andLatCrit,
Ohio State
University,
the
professors
the LatCrit
of Directors
and
respective law
acquired
MRAP on
armored
vehiclesBoard
from the
Department
of their
Defense).
24 See Andrew Becker & G.W. Schulz, Local Police Stockpile High-tech,
schools).
7 Campo Sano,
ENTER
CRIT: FOR
LATINA
INVESTIGATIVE
AND LATINOREPORTING
CRITICAL L
(Dec.
EGAL21,
THEORY
2011),,
Combat-ready
Gear, LCAT
Ihttp://cironline.org/reports/local-police-stockpile-high-tech-combat-ready-gearNC, http://www.latcrit.org/content/campo-sano/ (last visited July 5, 2014).
29138 Id.
(reporting that federal grant spending has caused a rapid militarization
9 Id. across the United States).
of police
Vol. 47:4
More Bang for Your Buck
1477
1479
1483
25
fact, “[s]ome
deadly
results.veterans
of the wars in Afghanistan and Iraq noted
that Jose
the Guerena,
cops appeared
a Marine
better-armed
and Iraq and
Campaign
outfitted
veteran,
in middle
lived
26 On the
9
The
morning
SWAT
of
with
America
his wife
thanand
thetwo
GIssons
hadinbeen
Tucson,
in the
Arizona.
war zones.”
10
May
officers
5, also
2011, brought
Guerenawith
was them
sleeping
a after
Bearcat
his armored
twelve-hour
vehicle,
night
similar
to Asarco
the Mine-Resistant
Ambush
Protected
(“MRAP”)
shift at the
copper mine when
his wife
saw armed
men
27 Guerena
awoke and
to hisMarines
wife’s calls
and and
told
vehicles their
used home.
by American
soldiers
in Iraq
outside
Afghanistan. The Bearcat, which costs $360,000, and much of the
body armor, was purchased with grant funds from the Department
Since 2003, the St. Louis Regional
of Homeland Security. 11
25 See, e.g., Corey Williams & Ed White, Aiyana Jones, 7-Year-Old Shot
Response
System, a state agency that administers DHS grants,
and Killed by Detroit Police, Was Sleeping According to Family, HUFFINGT O N
has
spent $9.4 million of DHS grant funds purchasing equipment
POST (May 17, 2010, 10:26 PM),
12
for
police
departments in St. Louis County.
http://www.huffingtonpost.com/2010/05/17/aiyan
a-jones-7-year-oldThe police
response
in Ferguson
also
illustrated
s_n_578246.html
(reporting
that a Detroit
police officer
shot and
killed a the
sleeping 7-year-oldofgirlthe
after
throwingmentality.
a flash grenadeOne
through
a window);
pervasiveness
warrior
Ferguson
police
Virginia said
Hennessey,
County Agrees
to Pay
in ‘Flashofficer
to theMonterey
demonstrators:
“Bring
it. $2.6
YouMillion
f*****g
animals,
bang’ Death
of Greenfield Man, MONTEREY COUNTY HERALD (Aug. 19, 2013,
bring
it.” 13 Another Ferguson police officer stated in a comment on
10:19 PM), available at
Facebook that “[t]hese protestors should be put down like a rabid
http://www.montereyherald.com/localnews/ci_23897554/monterey-countythe evening
of August
18 and
dog
the first night.” 14 In
agrees-pay-2-6-million-flash
(reporting
that Monterey
County
will morning
pay a $2.6 of
million settlement
to the
of 31-year-old
Rogelio Serrato
who was the
August
19, 2014,
six family
journalists
were arrested
whileJr.,
covering
killed by a fire
started when
Sherriff’s
Office
15 the
OnMonterey
August County
19, a police
officer
inSWAT
Ferguson
situation
in Ferguson.
Team threw a flash-bang into Serrato’s home); DA: Man Killed in
aimed
his
rifle
at
peaceful
protestors
and
media
members
and
Framingham Drug Raid Accidentally Shot by Police, CBS BOSTON (Mar. 9,
16
The
officers’
conduct
yelled
“I
will
f*****g
kill
you,
get
back!”
2011, 6:45 PM), http://boston.cbslocal.com/2011/03/09/da-man-killed- inepitomizes
the
“us-versus-them”
warrior
mentality
that
framingham-drug-raid-accidentally-shotby-police/
(reporting
that the shooting
death of 68-year-old
Stamps,
who was
shot whilestreets
laying on
encourages
police Eurie
officers
to treat
American
asthe
a floor
warzone
with his
hands upcitizens
when a SWAT
team
member
moving “it
to secure
and
American
as the
enemy.
Indeed,
seemsStamps
that some
stumbled and discharged his firearm, was accidental); Michael McLaughlin,
police
officers
have
shed
the
blue
uniform
and
have
put
on the
Andrew Messina’s Parents Talk about SWAT Team Killing Teen in Atlanta
uniform
and
gear
of
the
military,
bringing
the
attitude
along
with
Suburb, HUFFING TO N POST,
http://www.huffingtonpost.com/2012/10/28/an
drew-messinas- parents-sw atit.” 17
team-kill-teen-atlanta_n_2034198.htm l (last updated Oct. 29, 2012) (reporting
on the parents of Andrew Messina, a 16-year-old boy who was killed by a
Being
Police
Ferguson,
THE N
ATION
20, 2014),
available
at
SWATUsed
teamby
sniper
atin
the
family home
when
he (Aug.
brandished
a .357
magnum
http://www.thenation.com/article/181315/catalog-ferguson-police-weaponry#.
and threatened to commit suicide, who criticized the police for the aggressive
9 Mark
The
Militarization
of U.S.Raid
Police
tactics
used Thompson,
against theirWar
son);Comes
Corey Home:
Mitchell
& Randy
Furst, Botched
TRIBUNE
Forces,
TIME (Aug.
2014),STAR
available
at ,http://time.com/3144818/fergusonCosts Minneapolis
$119,
Million,
http://www.startribune.com/local/135343023.h
tml? page=all&prepage=1&c=y#c
police-militarization-pic
tures/.
10 Szoldra,
supra note
ontinue
(last updated
Dec.6.9, 2011, 9:56 PM) (reporting that Rickia Russell
11 Julie
Bosman
& Mattdollar
Apuzzo,
In Wakefor
of injuries
Clashes,she
Calls
to Demilitarize
would
receive
a one million
settlement
suffered
when a
(Aug.
14,
2014),
available
at
Police,
N.policeY.SWATTIMES
Minneapolis
team which
was executing
a search warrant
at
http://www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashesRussell’s
home threw a flash-bang grenade that detonated near Russell’s legs
calls-to-demilitarize-police.htm
l?_r=0.burns to her leg).
and
caused third and fourth-degree
26 Id.
12
Radley Balko, Jose Guerena Killed: Arizona Cops Shoot Former Marine
13 Szoldra,
6.
O N POST,
in Botched
Potsupra
Raid, note
HUFFINGT
14 Joshua Berlinger, St-Louis-area officer fired after Facebook comments on
http://www.huffingtonpost.com/2011/05/25/jose-guerena-arizona(Aug. 30,
2014),
available
Ferguson
protests,
CNN
_n_867020.html
(last
updated
Aug.
19, 2011,
5:44 at
PM) [hereinafter Jose
http://www.cnn.com/2014/08/29/us/officer-fired-ferguson/.
Guerena Killed]. Guerena’s four-year-old son was home at the time, but his
15 Brian son
Stelter,
6 school.
more journalists
arrested in Ferguson protests, CNN,
six-year-old
was at
Id.
27 Ellen Tumposky, Arizona SWAT Team Defends Shooting Iraq
Vetupdated
60
http://www.cnn.com/2014/08/19/us/ferguson-journalists-arrested/
(last
NEWS (May 20, 2011), available at
Times,
Aug. 19,ABC
2014).
16 Sasha Goldstein, Suburban St. Louis cop suspended for threatening
http://abcnews.go.com/US/tucson-swat-team-defends-shooting-iraq-mar
ine- to
YORK DAILY
NEWS
(Aug. 20,
kill,
pointing gun at media in
Ferguson, article
Mo., NEW
veteran/story?id=13640112.
Tumposky’s
incorrectly
reported
that
2014,
6:59
available
Guerena
wasPM),
shot sixty
times,atbuthttp://www.nydailynews.com/news/national/stan autopsy report later revealed that he
louis-area-suspended-threatening-kill-media-ferguson-artic
was only shot twenty-three times. See Jose Guerena Killed,le-1.1911046.
supra note 25
17 Szoldra,
note 6.confirmed Guerena had been shot only 23 times).
(reporting
thatsupra
an autopsy
1484
1480
1168
47 JO HN M ARS HALL L. REV . 1484
1480
1168
Vol. 47:4
her to hide
different
frominitsa predecessors,
closet with their
particularly
son. 28 Guerena
since it had
armed
the himself
benefit
29
and prepared to defend his family from the
of
with
two his
years
AR-15
of planning.
unidentified
breaking scheduling,
into his home.
a matter
of
Like thearmed
shift men
in conference
otherInchanges
have
30 the
Pimathe
County
SWAT
Team
forced its
way through
seconds,
taken
place
within
LatCrit
entity,
including
concerted
efforts
31 Guerena
thecontinue
door anda process
fired seventy-one
rounds into In
therecent
home.years,
to
of institutionalization.
there
32
was been
hit twenty-three
times.on how to capitalize on its critical niche,
has
a growing focus
As Guerena
lay the
dying
the floor, ofhis
wife scholars,
called 911and
to
continue
cultivating
nextongeneration
critical
an
request that
medical
assistance
for her
husband. 33is Although
ensure
the baton
of outsider
jurisprudence
passed along.
ambulance arrived
quickly, officers
did not allow
paramedics
into
Internally,
the organization
has shifted,
including
a gradual
the home of
until
secured
the scene more
an as
hour
later.
changing
thethey
guard
in leadership,
so to than
speak,
well
as 34
a
35
By that time,inGuerena
had bled to
death.
downsizing
administration.
For
example,
from 2008 to the
The the
Pima
County
Sheriff’s was
Department
was forced
to retract
present,
Board
of Directors
intentionally
downsized,
with
its growing
initial claim
thatofGuerena
fired first
evidence
his
a
number
Board seats
beingafter
occupied
by showed
junior law
rifle was 6never fired and still had the safety engaged when he
professors.
36 It was major
also discovered
that the
Team
used flashbang
development
is SWAT
LatCrit’s
acquisition
of a
died. Another
37
grenades space
in theforbackyard
of Guerena’s
as a distraction.
physical
the organization.
Thehome
property,
Campo Sano
This likely
moments
before
the Sanity”),
shooting. 38
(Spanish
forcaused
“Campconfusion
Healthy,”inorthe
more
literally,
“Camp
is
7
by
The
SWATparcel
teamofwas
a searchPurchased
warrant for
a
ten-acre
landevidently
located inexecuting
Central Florida.
However,
Guerena
had to
noThe
priorLiving
convictions
the
LatCrit
in 39
2011,
the space
is home
Justiceand
Center
marijuana.
40
The physical
serves
SWAT
no evidence
of 8wrongdoing
in facility
the home.
and
the Team
LatCritfound
Community
Campus.
as a means “to level the playing field and give LatCrit activists a
fighting chance to be heard.” 9 The space is intended
Tumposky, supra note 27.
Jose
Killed,
to Guerena
serve as
thesupra
hubnote
of 25.
their educational, research,
30 Radley Balko, Family of Jose Guerena, Former Marine Killed by SWAT
advocacy and activism to remedy the imbalance and
Team, to Receive $3.4 Million, HUFFINGT O N POST,
deficiencies of the current legal system. Having an
http://www.huffingtonpost.com/2013/09/26/jose-guerena_n_3988658.htm l (last
independent
base has Family
become
critical
asA
updated Sept. 26, 2013,physical
12:27 PM) [hereinafter
of Jose
Guerena].
video ofuniversities
the SWAT Team
on schools
Guerena’sincreasingly
house showedare
that even
only about
andraid
law
less
thirty-eight seconds passed from when the SWAT Team sounded the siren
while pulling into Guerena’s driveway to when they shot Guerena. Id.
31 David Axe, Drug Raid Turns Ugly as SWAT Guns Down Marine Vet,
Naming
IRED (May
and 30,
Launching
2011, 1:00a PM),
New Discourse of Critical Legal Scholarship, 2
W
H
ARV . LATINO L. REV . 1 (1997).
http://www.wired.com/dangerroom/2011/05/drug-raid-turns-ugly-as-swat-gunsSee also LatCrit Biennial Conferences, LATCRIT: LATINA & LATINO
down-marine-vet/.
32 Jose Guerena
CRITICAL
LEGAL TKilled,
HEORYsupra
, INC.,note
http://latcrit.org/content/conferences/latcrit25.
33 Tumposky, supra
note
27. July 5, 2013) (providing a list of the previous
biennial-conferences/
(last
visited
34 Id. Michael
an attorney
for the
police symposia
union, defended
conferences,
and Storie,
providing
direct links
to view
articlesthe
forSWAT
some
Team’s(found
decision,
Team didyear’s
not know
how
shooters
years
by claiming
followingthat
thethe
respective
link to
its many
corresponding
were inside and had to assume that it would be ambushed upon entering the
webpage).
home.
Jose Guerena
Killed,
supra notea 25.
This explanation
is unconvincing,
Additionally,
LatCrit
has developed
substantial
body of scholarship
from
though, other
because
the essential
purposeinter
of SWAT
Teams
is to subdue
dangerous
several
stand-alone
symposia:
alia the
South-North
Exchange,
the
suspects
and secure
premises
quickly. and
Id. Comparative Colloquia. LatCrit
Study Space
Series,thethe
International
35 Tumposky,
supra
: LAT
note
CRIT
27.
: LATINA & LATINO CRITICAL LEGAL THEORY,
Symposia,
LATCRIT
INC.,36 Jose
http://latcrit.org/content/publications/latcrit-symposium/
Guerena Killed, supra note 25.
(last
visited
July375,Family
2014). of Jose Guerena, supra note 30.
38 These
6
Id.
include Professors Marc-Tizoc González, Andrea Freeman, and
39 Jose
GuerenaGarcía
Killed,Hernández.
supra note 25.
César
Cuahtémoc
See About LatCrit, supra note 3 (listing
Id. The police
union’s
lawyer,
Michael
Storie, announced
the SWAT
the 40professors
on the
LatCrit
Board
of Directors
and their that
respective
law
Team recovered firearms, body armor, and part of a law enforcement uniform.
schools).
Campo
Sano,
LATCRIT
: LATINA
AND
LATINOnoted
CRITICAL
LEGAL
THEORY
Id. 7The
Guerena
family’s
attorney,
Chris
Scileppi,
that the
firearms
and,
Ibody
NC, http://www.latcrit.org/content/campo-sano/
(last
July 5,out
2014).
armor are both legal to own in Arizona. Id.
Hevisited
also pointed
that the
8 Id.law enforcement uniform consisted of only a border patrol cap, which is
partial
easy9 Id.
to obtain and legal to own. Id.
28
29
Vol. 47:4
More Bang for Your Buck
1477
1481
1485
fact, “[s]ome
Guerena’s
story
veterans
is a of
tragic
the wars
example
in Afghanistan
of the damage
and inflicted
Iraq noted
by
police theusing
that
cops military
appeared equipment
better-armedand
and tactics
outfittedeven
in middle
when
unwarranted.
America
than the GIs had been in the war zones.” 9 The SWAT
officers
also II,
brought
with them
a Bearcat
armored
vehicle, 10
In Part
this comment
discusses
the creation
and purpose
of
similar
to the ofMine-Resistant
Ambush
Protected
(“MRAP”)
the Department
Homeland Security
(“DHS”),
the Homeland
vehicles Grant
used by
American
soldiers
in ofIraq
and
Security
Program
(“HSGP”),
andand
the Marines
Department
Defense
Afghanistan.
The Program
Bearcat, which
$360,000,
much
the
Excess
Property
(“1033 costs
Program”).
Inand
Part
III,of this
body armor,
was purchased
funds
Department
comment
analyzes
how the with
DHS,grant
HSGP,
andfrom
1033the
Program
have
2003,
St. militarization
Louis Regional
of Homeland
Security. 11 ofSince
fueled
the militarization
police,
andthe
why
is
Response
System,
a state
agency
that
administers
DHSa path
grants,
problematic.
Finally,
in Part
IV, this
comment
presents
to
has
spent $9.4 million of DHS grant funds purchasing equipment
demilitarization.
for police departments in St. Louis County. 12
The police response
in Ferguson also illustrated the
II. BACKGROUND
pervasiveness of the warrior mentality.
One Ferguson police
The
attacks of September
highlighted
officer
saidterrorist
to the demonstrators:
“Bring it.11,
You2001,
f*****g
animals,
Fergusontopolice
officer stated
in a comment
on
America’s
vulnerability
terrorism.
The
Intelligence
bring
it.” 13 Another
Facebook
that Act
“[t]hese
should
be created
put down
likeNational
a rabid
Authorization
for protestors
Fiscal Year
2003
The
14 In the
evening
of August
18 and
morning
of
dog
the first on
night.”
Commission
Terrorist
Attacks
Upon
the United
States
(“9-11
41
9-11 Commission
was formed
determine
August
19, 2014,The
six journalists
were arrested
while to
covering
the
Commission”).
15 On
Augusthappened
19, a police
Ferguson
how
the in
September
attacks
andofficer
how in
the
United
situation
Ferguson.11th
42 The 9-11
aimed his
rifleavoid
at peaceful
protestors
and
States
could
such attacks
in and
the media
future.members
The officers’
conduct
Commission
found that
thegetattacks
failures
in
yelled
“I will f*****g
kill you,
back!” 16 revealed
43 To address
epitomizes
warrior
mentality
that
“imagination, the
policy,“us-versus-them”
capabilities, and management.”
the
failure in
imagination,
to the 9-11
Commission,
the
encourages
police
officers toaccording
treat American
streets
as a warzone
United
States needed
way to Indeed,
“bureaucratiz[e]”
the use
of
and American
citizenstoasfind
the aenemy.
“it seems that
some
In analyzing
failure
in management,
imagination.
police officers44 have
shed the the
blue
uniform
and have putthe
on 9-11
the
Commission
compared
existing
federaltheagencies
medical
uniform
and gear
of the the
military,
bringing
attitude to
along
with
17
specialists
in a hospital “ordering tests, looking for symptoms, and
it.”
prescribing medications,” but lacking the attending physician to
make them work as a team. 45
Being Used by Police in Ferguson, THE NATION (Aug. 20, 2014), available at
http://www.thenation.com/article/181315/catalog-ferguson-police-weaponry#.
9 Mark Thompson, War Comes Home: The Militarization of U.S. Police
Forces, TIME (Aug. 19, 2014), available at http://time.com/3144818/ferguson41 Intelligence Authorization
Act for Fiscal Year 2003, Pub. L. No. 107-306,
police-militarization-pic
tures/.
10 Szoldra,
6.
§ 601,
116 Stat.supra
2383note
(2003).
42 N
11
Julie
AT’L Bosman
COMM ’N &ONMatt
TERRORIS
Apuzzo,
T A
InTTACKS
Wake ofUPON
Clashes,
THE Calls
U.S., to
THE
Demilitarize
9-11
C
OMMISSION
Y. xvT(2004),
IMES available
(Aug. at 14,
2014),
available
at
Police,
N. REPORT
http://govinfo.library.unt.edu/911/re
http://www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashesport/911Report.pdf [hereinafter THE 9-11
C
OMMISSION REPORT]. Specifically,
calls-to-demilitarize-police.htm
l?_r=0.the 9-11 Commission’s was to report: the
Id. causes of the September 11th attacks, the circumstances
facts12 and
13 Szoldra,the
supra
note the
6. level of preparedness for the attacks, the
surrounding
attacks,
14 Joshua
Berlinger,
St-Louis-area
officer
fired
after Facebook for
comments on
response
to the
attacks, the
Commission’s
own
recommendations
30, 2014),
availableAuthorization
at
Ferguson
CNN (Aug.
preventingprotests,
future terrorist
attacks.
Intelligence
Act for Fiscal
http://www.cnn.com/2014/08/29/us/officer-fired-ferguson/.
Year 2003, Pub. L. No. 107-306, § 602, 116 Stat. 2383 (2003).
43 T
15
Brian
HE 9-11
Stelter,
COMMISSION
6 more journalists
REPORT, supra
arrested
note in
42, Ferguson
at 339. protests, CNN,
44 Id. at 344. The 9-11 Commission, while admitting that imagination
is
http://www.cnn.com/2014/08/19/us/ferguson-journalists-arrested/
(last updated
not
Aug.commonly
19, 2014). associated with bureaucracies, determined that it is “crucial to
Suburban
St. Louis cop suspended
forofthreatening
to
find16a Sasha
way ofGoldstein,
routinizing,
even bureaucratizing,
the exercise
imagination.”
kill,
Id. pointing gun at media in Ferguson, Mo., NEW YORK DAILY NEWS (Aug. 20,
45 Id.
353. The
9-11 Commission
Report also noted that action officers
2014,
6:59at PM),
available
at http://www.nydailynews.com/news/national/stfailed
to share information or pool analysis. Id. Exchanges le-1.1911046.
of information were
louis-area-suspended-threatening-kill-media-ferguson-artic
17 lost
Szoldra,
supra
note 6.separating foreign and domestic agencies. Id.
often
between
divides
1486
1482
1168
47 JO HN M ARS HALL L. REV . 1486
1482
1168
Vol. 47:4
different from
predecessors,
since
it had the benefit
A. itsThe
Departmentparticularly
of Homeland
Security
of two years of planning.
Like
the shift
in conference
changes
have
In response
to the
September scheduling,
11th terroristother
attacks,
President
taken
withinissued
the LatCrit
entity,
including
efforts
George place
W. Bush
Executive
Order
13228, concerted
establishing
the
46 The mission of
to
continue
a process
of institutionalization.
Inthis
recent
newyears,
Officethere
was
Office
of Homeland
Security.
has
been aand
growing
focus on
how to capitalize
onsecure
its critical
niche,
to develop
implement
a national
strategy to
the United
47
continue
cultivating
the next
generation
of critical scholars, and
States from
future terrorist
attacks.
ensure
that the
baton of that
outsider
jurisprudence
passed at
along.
Congress
recognized
homeland
securityis efforts
the
Internally,
the organization
has shifted,
including a Congress
gradual
time were “dispersed,
disorganized,
and dysfunctional.”
changing
of thethat,
guard
leadership,
so toofspeak,
as terrorism,
well as a
also understood
to in
address
the threat
domestic
48
downsizing
administration.
example, from
2008 to the
they needed in
to become
“coherent,For
consolidated,
and coordinated.”
present,
Board
Directorsenacted
was intentionally
downsized,
To meet the
these
goals,of Congress
the Homeland
Securitywith
Act
a
number of
Board Act”).
seats 49being
junior law
The occupied
HomelandbySecurity
Act
of growing
2002 (“Homeland
Security
6
professors.
officially created
the Department of Homeland Security (“DHS”) 50
Another
majorof development
is LatCrit’s
acquisition
a
for the
purposes
preventing, reducing
vulnerability
to, ofand
51
physical
for the
The in
property,
Campo
Sano
assisting space
in recovery
fromorganization.
terrorist attacks
the United
States.
(Spanish
“Camp
or more
literally, “Camp
is
Fromforthe
time Healthy,”
when DHS
was established
until Sanity”),
October of
by
a
ten-acre
of land
located indifferent
Central departments,
Florida. 7 Purchased
2013,
DHSparcel
absorbed
twenty-two
including
LatCrit
in 2011,
the space
is home
to The
Justice Center
the
United
States
Coast
Guard,
theLiving
Immigration
and
8 The physical facility serves
and the LatCritService,
Community
Naturalization
and Campus.
the Federal
Emergency Management
52 As“tooflevel
as a means
theDHS
playing
givelargest
LatCritcabinet-level
activists a
2013,
wasfield
theand
third
Agency.
9 The space is intended53
fighting
chance
to be
heard.”
and a 2013
department,
with
more
than
240,000 employees
budget of fifty-nine billion dollars. 54
to serve as the hub of their educational, research,
advocacy
and Homeland
activism to
remedy
the Program
imbalance and
B. The
Security
Grant
deficiencies of the current legal system. Having an
independent
physical Report,
base 55
hasreleased
become
critical
as 56
on July
22, 2004,
The 9-11 Commission
universities and law schools increasingly are even less
46 Exec. Order No. 13228, 66 Fed. Reg. 51,812 (Oct. 8, 2001).
47 Id. and
Naming
§ 2. Launching a New Discourse of Critical Legal Scholarship, 2
48 .SL
HARV
TAFF
ATINO
OFL.S.RG
EV
OVERNMENT
. 1 (1997). AL AFFAIRS COMM ., 107TH CONG., THE
CASE
THELatCrit
HOMELAND
SECURITY
DEPARTMELAT
NTCRIT
1 (2001),
: LATINA
available
& Lat
ATINO
SeeFOR
also
Biennial
Conferences,
CRITICAL LEGAL THEORY, INC., http://latcrit.org/content/conferences/latcrithttp://handy.gslsolutions.com/gov/senate/hsgac/public/_arch
ive/081202dhsendo
biennial-conferences/ (last visited July 5, 2013) (providing a list of the previous
rsedgac.pdf.
49 Pub. L. and
No. 107—296,
Stat.
2135to(codified
as amended
at 6 U.S.C.
§§
conferences,
providing 116
direct
links
view symposia
articles
for some
101 to 613
(2012)).
years
(found
by following the respective year’s link to its corresponding
50 6 U.S.C. § 111(a) (2012).
webpage).
51
6 U.S.C. § 111(b)(1)
(2012).
Additionally,
LatCrit has
developed a substantial body of scholarship from
52
DEPARTMENT
OFsymposia:
HOMELAND
SECURITY
, Who Joined
DHS,
several
other
stand-alone
inter alia
the South-North
Exchange,
the
http://www.dhs.gov/who-joined-dhs
(last visited
July 30, 2014).
Study Space Series, the International
and Comparative
Colloquia. LatCrit
53
DEPARTMENT
RIT: LATINA
HOMELAND
& LATINO
SECURITY
CRITICAL
,
LAbout
EGAL THEORY
DHS,,
Symposia,
LATCRIT: LATCOF
Ihttp://www.dhs.gov/about-dhs
NC.,
http://latcrit.org/content/publications/latcrit-symposium/
(last
visited
(last visited July 30, 2014).
July545,Shaun
2014).Waterman, Homeland Security Budget Tops $59 Billion, WASH.
6 These
TIMES
(Feb. 13,
include
2012),Professors
available Marc-Tizoc
at
González, Andrea Freeman, and
César
http://www.washingtontimes.com/news/2012/feb/13/homelan
Cuahtémoc García Hernández. See About LatCrit, supra
d-security-budgetnote 3 (listing
the
tops-59-billion/.
professors on the LatCrit Board of Directors and their respective law
55 Richard Posner published an article in The New York Times, in which he
schools).
Campo and
Sano,
LATCRIT
: L9-11
ATINA
AND LATINO
CRITICAL
LEGAL
THEORY
both7 praised
criticized
the
Commission
Report.
Richard
Posner,
The,
I9/11
NC, http://www.latcrit.org/content/campo-sano/
(last 29,
visited
2004),
July 5,
available
2014).
at
Report: A Dissent, N.Y. TIMES (Aug.
8 Id.
http://www.nytimes.com/2004/08/29/books/review/29POSNERL.html.
Posner
9 Id. the 9-11 Commission Report for its prose, riveting narrative, and
praised
Vol. 47:4
More Bang for Your Buck
1477
1483
1487
fact, “[s]ome
provided
a number
veterans of the
recommendations
wars in Afghanistan
intended
and to
Iraqprotect
noted
57
The
Report
against
that
the and
cops prepare
appeared for
better-armed
terrorist and
attacks.
outfitted
in middle
The SWAT
acknowledged
thewar
allocation
America
than ongoing
the GIs problems
had been with
in the
zones.” 9of “[h]omeland
58
and them
recommended
the assistance
officers also
brought with
a Bearcatthat
armored
vehicle, 10
security
assistance”
similar
“supplement
to the
state Mine-Resistant
and local resources
Ambush
based
Protected
on the (“MRAP”)
risks or
59
vulnerabilities
vehicles used that
by American
merit additional
soldierssupport.”
and Marines
in Iraq and
Congress Thesubsequently
passed$360,000,
the andImplementing
Afghanistan.
Bearcat, which costs
much of the
Recommendations
of the 9/11
Act the
of 2007
(“9/11
body armor, was purchased
with Commission
grant funds from
Department
60 The 9/11
Act11 created
Since the
2003,
Homeland
the St. Security
Louis Regional
Grant
Act”).
of Homeland
Security.
(“HSGP”)
as a agency
mechanism
allocatingDHS
DHSgrants,
grant
Program
Response61System,
a state
that for
administers
funds.
The$9.4
HSGP
is managed
by FEMA
and comprises
three
has spent
million
of DHS grant
funds purchasing
equipment
12
separate
programs:
the
State
Homeland
Security Program
for police grant
departments
in St.
Louis
County.
The the
police
response
Ferguson
also illustrated
the
(“SHSP”),
Urban
Areas inSecurity
Initiative
(“UASI”), and
62 These grant
pervasiveness
of the warrior
mentality.
One programs
Ferguson direct
police
Operation
Stonegarden
(“OPSG”).
63 f*****g
pursuantanimals,
to the
federal
funds
and local “Bring
governments
officer said
to to
thestate
demonstrators:
it. You
13
64
Anotherpurposes.
Ferguson police officer stated in a comment on
programs’
bring it.” assigned
Facebook that “[t]hese protestors should be put down like a rabid
dog the first night.” 14 In the evening of August 18 and morning of
forthrightness,
even six
calling
it an “improbable
literary while
triumph.”
Id. Posner
August
19, 2014,
journalists
were arrested
covering
the
criticized the
however,
for August
its inclusion
Id. Posner
15 On
19, of
a recommendations.
police officer in Ferguson
situation
inreport,
Ferguson.
suggests that the 9-11 Commission was incorrect in concluding that the
aimed
his rifle at peaceful protestors and media members and
attacks resulted from failures in the intelligence and security apparatus. Id.
16
Thenarrative
officers’ points
conduct
yelled
“I
will f*****g
get back!”
Posner argues
that the kill
9-11you,
Commission
Report’s
to
epitomizes
mentality
that
something else:the
that it“us-versus-them”
is nearly impossible towarrior
prevent something
that hasn’t
previously occurred.
Id. Posner
also American
criticized the
9-11asCommission’s
encourages
police officers
to treat
streets
a warzone
insistence
on unanimity,
“deprives
decision
makers
of a full
range
of
and
American
citizenswhich
as the
enemy.
Indeed,
“it seems
that
some
alternatives.” Id.
police
officers have shed the blue uniform and have put on the
56
NAT’L COMM ’N ON TERRORIST ATTACKS UPON THE U.S., 9-11
uniform
andRgear
of the
military,FINAL
bringing
the 1attitude
along with
COMMISSION
ELEASES
UNANIMOUS
REPORT
(2004), available
at
17
http://govinfo.library.unt.edu/911/press/pr_2004-07-22.pdf.
it.”
THE 9-11 COMMISSION REPORT, supra note 42, at 383.
Id. at 396.
59 Id.
Being
Used by Police in Ferguson, THE NATION (Aug. 20, 2014), available at
60 Implementing Recommendations of the 9/11 Commission Act of 2007,
http://www.thenation.com/article/181315/catalog-ferguson-police-weaponry#.
Mark
Thompson,
War 266
Comes
Home:inThe
Militarization
of6 U.S.
Police
Pub.9 L.
No. 110-52,
121 Stat.
(codified
scattered
sections of
U.S.C.).
61 6 U.S.C.
§ 603 (2012).
Forces,
TIME (Aug.
19, 2014), available at http://time.com/3144818/ferguson62 FY 2013 Homeland
Security Grant Program, FED. EMERGENCY MGMT.
police-militarization-pic
tures/.
10 Szoldra,
AGENCY
,
supra
http://www.fema.gov/fy-2013-homeland-security-grant-programnote 6.
11 Julie
& Matt
Apuzzo, In Wake of Clashes, Calls to Demilitarize
hsgp-0
(last Bosman
visited July
31, 2014).
63 6 U.S.C.
604, 605
TIMES
(2012). The
(Aug.
Implementing
14,
2014),
Recommendations
available of the
at
Police,
N. §§ Y.
http://www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashes9/11 Commission Act of 2007 states that the mission of both the SHSP and
UASI
calls-to-demilitarize-police.htm
is to assist “in preventing,
l?_r=0. preparing for, protecting against, and
12 Id.
responding
to acts of terrorism.” Id. § 604(a). The programs differ, however, in
13 Szoldra,
suprathis
noteassistance.
6.
where
they direct
The SHSP targets State, local, and tribal
14 Joshua Berlinger,
St-Louis-area
after
Facebook
comments
governments,
id. § 605(a),
whereas theofficer
UASIfired
targets
high-risk
urban
areas, on
id.
Ferguson
§ 604(a). protests, CNN (Aug. 30, 2014), available at
64 Oklahoma Republican Senator Tom Coburn brought national attention
http://www.cnn.com/2014/08/29/us/officer-fired-ferguson/.
15 Brian
6 more
journalists
in Ferguson
protests,
CNN,
to the
HSGPStelter,
when he
alleged
that UASIarrested
grant funds
were spent
wastefully.
http://www.cnn.com/2014/08/19/us/ferguson-journalists-arrested/
updated
Caroline
May, Homeland Security Grants Went to ‘Zombie(last
Apocalypse’
CALLER
(Dec.
5,
2012,
1:47
PM),
Aug. 19, 2014).DAILY
Training,
16 Sasha Goldstein, Suburban St. Louis cop suspended for threatening to
http://dailycaller.com/2012/12/05/homeland-security-grants-went-to-zombieYORK
DAILY
NEWS
kill,
pointing gun at The
media
in Ferguson,
Mo.,
NEW
apocalypse-training/.
DHS
determined
that
grant
funds
could
be (Aug.
used 20,
for
2014,
6:59entry
PM),feeavailable
at http://www.nydailynews.com/news/national/sta $1000
to a HALO
Counter-Terrorism Summit. TOM COBURN,
SAFETY AT ANY PRICE : ASSESSING THE IMPACT OF HOMELAND
SECURITY
louis-area-suspended-threatening-kill-media-ferguson-artic
le-1.1911046.
17 Szoldra, supra
SPENDING
IN
note
U.S.6. CITIES
24-25
(2012),
available
at
57
58
1488
1484
1168
47 JO HN M ARS HALL L. REV . 1488
1484
1168
Vol. 47:4
different from its predecessors, particularly since it had the benefit
1.ofThe
two State
years Homeland
of planning.
Security Program
Like the shift in conference scheduling, other changes have
takenThe
place
SHSP
within
allocates
the LatCrit
federalentity,
funds including
to assist concerted
state andefforts
local
to
governments
continue a in
process
“preventing,
of institutionalization.
preparing for, protecting
In recent against,
years, there
and
Each
state may
apply
for grants
has
responding
been a to
growing
acts offocus
terrorism.”
on how65 to
capitalize
on its
critical
niche,
application,
state
mustscholars,
include: and
the
under thecultivating
SHSP. 66 In
continue
theitsnext
generationa of
critical
purpose that
for seeking
the of
funds,
a justification
for needing
the along.
funds
ensure
the baton
outsider
jurisprudence
is passed
to meet its the
targetorganization
capabilities, has
a plan
for allocating
funds
to local
Internally,
shifted,
including
a gradual
governments
and guard
Indianintribes,
and asobudget
for as
spending
changing
of the
leadership,
to speak,
well asthe
a
funds. 67
downsizing
in administration. For example, from 2008 to the
In fiscal
year of
2013,
the SHSP
available downsized,
funding of $354
present,
the Board
Directors
was had
intentionally
with
68 State
recipients
of SHSP
must by
make
at least
million.
a
growing
number
of Board
seatsgrant
beingfunds
occupied
junior
law
6
eighty percent
of the grant funds available to local and tribal
professors.
Another 69major development is LatCrit’s acquisition of a
governments.
physical space for the organization. The property, Campo Sano
2.(Spanish
The Urban
Areas Security
Initiative
for “Camp
Healthy,”
or more literally, “Camp Sanity”), is
a ten-acre parcel of land located in Central Florida. 7 Purchased by
LatCrit
2011, the
space
is home
to The“high-risk
Living Justice
Theinpurpose
of the
UASI
is to assist
urban Center
areas”
8 The
70 Each
physical
facility
fiscalserves
year,
andpreparing
the LatCrit
Campus.
in
for Community
and preventing
terrorist
acts.
71 must
an LatCrit
initial assessment
the
as aAdministrator
means “to level
of FEMA
the playing
fieldconduct
and give
activists a
9 The space
is intended
of
“the relative
threat,
vulnerability,
and
consequences from acts
fighting
chance to
be heard.”
of terrorism faced by each eligible metropolitan area.” 72 An initial
assessment
includes
consideration
of certain
enumerated
factors 73
to serve
as the
hub of their
educational,
research,
and advocacy
any relevant
information
submitted
by the and
eligible
and activism
to remedy
the imbalance
reviewing
the assessment,
metropolitan
area.
deficiencies
of74 theAfter
current
legal system.
Having an the
Administrator
mustphysical
designate
urban critical
areas that
independent
basehigh-risk
has become
as are
universities and law schools increasingly are even less
http://www.coburn.senate.gov/public/index.cfm?a=Files.Serve&File_id=b86fda
Naming
and Launching a New The
Discourse
Critical
Scholarship,
2
eb-86ff-4d19-a112-415ec85aa9b6.
summitof was
held Legal
at a resort
and spa
HARVfeatured
. LATINO aL.zombie
REV . 1 (1997).
and
apocalypse demonstration. Id. In his report, Senator
ATCRIT:such
LATINA
& LATINO
See also
LatCritother
Biennial
Conferences,
Coburn
highlighted
examples
of HSGP Lwaste,
as Indianapolis’
CRITICAL L
THEORY, hovercraft,
INC., http://latcrit.org/content/conferences/latcritpurchase
ofEGAL
a $69,000
Columbus’ purchase of a $98,000
biennial-conferences/
(last was
visited
July
2013) (providing
a ‘sunken
list of thetreasure’),
previous
underwater
robot (which
used
to 5,
recover
a $2 million
conferences,
and providing
direct
links
view symposia
articles for some
and
Kleberg County’s
purchase
of two
2011toCamaros.
Id. at 24-28.
65 6(found
U.S.C. §by605
(2012). the respective year’s link to its corresponding
years
following
66 Id. § 605(b)(1).
webpage).
67
Id. § 605(b)(2).
Additionally,
LatCrit has developed a substantial body of scholarship from
68 FED
. EMERGENCY
. AGENCY
, supra
note
62.
several
other
stand-aloneMGMT
symposia:
inter
alia the
South-North
Exchange, the
69 6 Space
U.S.C. Series,
§ 605(c)(1)(a)
(2012).
Study
the International
and Comparative Colloquia. LatCrit
70 Id. § 604(a).
Symposia,
LATCRIT: LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY,
INC.,71 See
http://latcrit.org/content/publications/latcrit-symposium/
id. § 601(1) (defining the term “Administrator” as “the (last
Administrator
visited
July
of the5,Federal
2014). Emergency Management Agency”).
72 These
6
Id. § 604(b)(2)(A).
include Professors Marc-Tizoc González, Andrea Freeman, and
73 The
initial assessment
takes intoSee
consideration
other
factors,
César
Cuahtémoc
García Hernández.
About LatCrit,
supra
noteincluding:
3 (listing
metropolitan
population,
theofarea’s
population
density,
the area’s
the professors
onarea’s
the LatCrit
Board
Directors
and their
respective
law
history of threats, the threat’s seriousness, the current threat assessments,
schools).
Campo
Sano, from
LATCan
RIT:international
LATINA ANDborder
LATINOor Cinternational
RITICAL LEGAL
THEORY
the 7area’s
distance
waters,
the,
Iarea’s
NC, http://www.latcrit.org/content/campo-sano/
visited
July 5, 2014).
role in responding to acts of terrorism in(last
nearby
jurisdictions,
and the
8 Id.
other
factors specified by the Administrator. Id. § 608(a)(1)(A)-(H), (K).
74Id.
9
Id. § 604(b)(2)(B)(i) (2012).
Vol. 47:4
More Bang for Your Buck
1477
1485
1489
fact, “[s]ome
eligible
to apply
veterans
for of
grants
the wars
under
in Afghanistan
the UASI. 75 and
Congressional
Iraq noted
politics
that the
have
cops
alsoappeared
played a part
better-armed
in the allocation
and outfitted
of UASI in
grants,
middle
as
769 InThe
fiscal
SWAT
year
politicians
America than
lobbythe
to GIs
get funds
had been
for their
in the
communities.
war zones.”
10
officers
2013, thealso
UASI
brought
had available
with them
funding
a ofBearcat
more than
armored
$558 million.
vehicle,77
similar to the Mine-Resistant Ambush Protected (“MRAP”)
3.vehicles
Operation
used
Stonegarden
by American soldiers and Marines in Iraq and
Afghanistan. The Bearcat, which costs $360,000, and much of the
body The
armor,
purpose
was purchased
of OPSG is
with
to grant
securefunds
United
from
States
the Department
borders by
Since
the St. atLouis
Regional
enhancing
of Homeland
cooperation
Security. 11
among
law 2003,
enforcement
all levels
of
78 Botha local
at the county
level
and
Response System,
state governments
agency that administers
DHS
grants,
government.
tribal
governments
bordering
and Mexico
are equipment
eligible to
has spent
$9.4 million
of DHSCanada
grant funds
purchasing
apply
fordepartments
OPSG grants
their12 state Administrative
for police
in St. through
Louis County.
79 Inpolice
fiscal year
2013, intheFerguson
OPSG hadalso
available
fundingthe
of
response
illustrated
Agency.The
80
fifty-five
millionofdollars.
pervasiveness
the warrior
mentality.
One Ferguson police
officer said to the demonstrators: “Bring it. You f*****g animals,
13 AnotherTerrorism
Ferguson Prevention
police officerProgram
stated in a comment on
4.bring
Law it.”
Enforcement
Facebook that “[t]hese protestors should be put down like a rabid
the evening
of August
and appropriate
morning of
dog the
first
night.” 14of In
State
recipients
SHSP
and UASI
grants 18
must
August
19, 2014,
weretotal
arrested
covering
the
twenty-five
percentsixorjournalists
more of the
fundswhile
received
to “law
August 19,
a police 81
officer
Thein Ferguson
Program
situation
in Ferguson.
enforcement
terrorism15 On
prevention
activities.”
aimed
Guidance
hisand
rifleApplication
at peaceful
Kitprotestors
for the Fiscal
and media
Year 2007
members
Homeland
and
16
The officers’
conduct
yelled
Security
“I will
Grant
f*****g
Program
kill you,
outlines
get back!”
categories
of permissible
epitomizes
warrior
mentality
that
expenditures the
under “us-versus-them”
the Law Enforcement
Terrorism
Prevention
82
Thetreatcategories
includeas aplanning,
encourages
police
officers
to
American streets
warzone
Program
(LETPP).
The
organization,
exercises,
personnel.
and Americanequipment,
citizens astraining,
the enemy.
Indeed,and
“it seems
that83some
84
extensive
includes:
DHS Authorized
Equipment
police
officers have
shed theList
blue is
uniform
andand
have
put onbody
the
armor, ballistic
ballistic bringing
shields, the
battle
dress along
uniforms,
uniform
and gearhelmets,
of the military,
attitude
with
it.” 17
75 Id. § 604(b)(1).
76 C
Being
Used
OBURN
by, Police
suprain
note
Ferguson,
64, at 15-18.
THE NATION (Aug. 20, 2014), available at
77 FED. EMERGENCY MGMT. AGENCY, supra note 62. In 2003, the UASI
http://www.thenation.com/article/181315/catalog-ferguson-police-weaponry#.
Mark
Thompson,
Comes
Home:CThe
OBURN
Militarization
, supra note of
64, U.S.
at 11.
Police
The
had9 an
annual
funding War
of $596.3
million.
UASI’s
Forces, TIME
annual(Aug.
funding
19, 2014),
peakedavailable
in 2010 at
at http://time.com/3144818/ferguson$832.5 million, and reached its
police-militarization-pic
lowest funding level in tures/.
2012 at $490.3 million. Id.
78 F
10
Szoldra,
ED. EMERGENCY
supra noteM6.GMT. AGENCY, supra note 62.
79 Id.
11
Julie Bosman & Matt Apuzzo, In Wake of Clashes, Calls to Demilitarize
80 Id.
Y.
TIMES
(Aug.
14,
2014),
available
at
Police,
N.
81 6 U.S.C. § 607(a)(1). Approved law enforcement terrorism prevention
http://www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashesactivities
include: sharing and
analyzing information, hardening targets,
calls-to-demilitarize-police.htm
l?_r=0.
12 Id.
recognizing
threats, interdicting terrorists, paying law enforcement overtime
13 Szoldra,
supra notefusion
6.
expenses,
establishing
centers, paying information analysts, and
14 Joshua
Berlinger,
St-Louis-area
officer
after Facebook
on
completing
other
activities
permitted by
the fired
Administrator
or thecomments
Fiscal Year
2014),
at
Ferguson
protests,
CNN (Aug.
2007
Program
Guidance
of 30,
the
Lawavailable
Enforcement
Terrorism Prevention
http://www.cnn.com/2014/08/29/us/officer-fired-ferguson/.
Program.
Id. § 607(a)(2)(A)-(I).
82 D
15
Brian
EP’T OF
Stelter,
HOMELAND
6 moreSEC
journalists
., FY 2007arrested
HOMELAND
in Ferguson
SECURITprotests,
Y G RANTCNN,
PROGRAM , PROGRAM G UIDANCE AND APPLICATI ON K IT 53-57 (2007),
http://www.cnn.com/2014/08/19/us/ferguson-journalists-arrested/
(last updated
available
at
Aug.
19, 2014).
16 Sasha Goldstein, Suburban St. Louis cop suspended for threatening to
http://www.fema.gov/pdf/government/grant/bulletins/fy07_hsgp_guidance.pdf.
Id.
kill,83pointing
gun at media in Ferguson, Mo., NEW YORK DAILY NEWS (Aug. 20,
84 6:59
The PM),
DHS available
Authorized
List specifies what equipment
2014,
at Equipment
http://www.nydailynews.com/news/national/stpurchases
may be designated as expenditures of Law Enforcement
Terrorism
louis-area-suspended-threatening-kill-media-ferguson-artic
le-1.1911046.
17 Szoldra,
supra note
6. Id. at 54.
Prevention
Program
funds.
1490
1486
1168
47 JO HN M ARS HALL L. REV . 1490
1486
1168
Vol. 47:4
85
tactical from
different
padding,
its predecessors,
explosiveparticularly
entry
equipment,
since it had86the tactical
benefit
intervention
of two years of
vehicles,
planning.
and all-terrain vehicles. 87
According
to the
for Investigative
DHShave
has
Like
the shift
inCenter
conference
scheduling, Reporting,
other changes
handedplace
out within
thirty-four
billionentity,
dollars
in grants
sinceefforts
the
taken
the LatCrit
including
concerted
funds, there
local
September
terrorist
attacks. 88 With these
to
continue 11th
a process
of institutionalization.
In federal
recent years,
communities
across focus
all fifty
states
beenononitsa critical
“gear-buying
has
been a growing
on how
to have
capitalize
niche,
spree,” purchasing
pilotless
dronesand
to
continue
cultivatingeverything
the next from
generation
of surveillance
critical scholars,
ballistic that
helmets
bomb
robots. 89 jurisprudence is passed along.
ensure
the and
baton
of outsider
Internally, the organization has shifted, including a gradual
C. The
of Defense
Excess
changing
of Department
the guard in
leadership,
so Property
to speak,Program
as well as a
downsizing in administration. For example, from 2008 to the
present, the Board of Directors was intentionally downsized, with
85 DEP’T OF
HOMELAND
SEC., DHS
AUTHORI
EQUIPMENT
LIST 13-14
a growing
number
of Board
seats
beingZEDoccupied
by junior
law
6
(2005), available
at
professors.
https://www.llis.dhs.gov/sites/defau
lt/files/AEL_PDF_Complete.pdf
(last of a
Another major development
is LatCrit’s acquisition
visited July 31, 2014).
physical
for the organization. The property, Campo Sano
86 Id. atspace
36.
87 Id. atfor
(Spanish
“Camp
Healthy,” or more literally, “Camp Sanity”), is
135-36.
88 Beckerparcel
& Schulz,
24. in Central Florida. 7 Purchased by
a ten-acre
of supra
land note
located
89 Id. The FAA Modernization and Reform Act of 2012, signed into law on
LatCrit in 2011, the space is home to The Living Justice Center
February
14, 2012, Community
will allow drones
to be 8used
the United
States
for a
The inphysical
facility
serves
and
the LatCrit
Campus.
variety of commercial and law enforcement purposes. Nick Wingfield, Drones
as
a means “to level the playing field and give LatCrit activists a
Set Sights on U.S. Skies, N.Y. TIMES (Feb, 17, 2012), available at
fighting
chance to be heard.” 9 The space is intended
http://www.nytimes.com/2012/02/18/technology/drones-with-an-eye-on-the-
public-cleared-to-fly.html?pagewanted=all&_r=0. The new law, although
promising
manufacturers
of drones,
raises educational,
serious privacyresearch,
and civil rights
to for
serve
as the hub
of their
issues. advocacy
Id. Many questions
remain unanswered.
drones be allowed
and activism
to remedy Id.
theWill
imbalance
and to
take pictures through windows and skylights? For what can the images be
deficiencies of the current legal system. Having an
used? While drones may be great for fighting crime, they also can subject
independent
physical scrutiny.”
base has
become
critical
American citizens to “unblinking
Steve
Chapman,
Limitingaspolice
TRIBUNE
(May
31, less2013),
drones universities
in
Illinois,
and lawCHICAGO
schools increasingly
are even
http://articles.chicagotribune.com/2013-05-31/opinion/chi-illinois-lawmakerspass-drone-bill-20130531_1_drones-prisoner-escape-search-warrants.
Police
may soon have access to drones fitted with less than lethal weapons, such as
Naming
and Launching
New tear
Discourse
. CIVILLegal
LIBERTIES
Scholarship,
UNION2,
rubber bullets,
Tasers, a and
gas. of
AMCritical
HARV . LATINO Drones
L. REV . 1 (Mar.
(1997). 5, 2013), https://www.aclu.org/criminal-lawWeaponized
ATC
RIT:Montgomery
LATINA & County
LATINO
See also LatCrit Biennial
Conferences,
reform/weaponized-drones.
The Chief
Deputy Lof
the
C
RITICAL Office
LEGAL
THEORY
, Istated
NC., http://latcrit.org/content/conferences/latcritSheriff’s
in Texas
has
that his Office is contemplating arming its
biennial-conferences/
visited July
5, 2013)
(providing
a listOver
of the
previous
drone with tear gas (last
and rubber
bullets.
Groups
Concerned
Arming
Of
DClinks(May
2012,articles
1:18for some
PM),
conferences,
and providing
to view 23,
symposia
Domestic
Drones,
CBSdirect
http://washington.cbslocal.com/2012/05/23/groups-concerned-over-arming-ofyears (found by following the respective year’s link to its corresponding
domestic-drones/. The ACLU has recommended that drones be deployed by
webpage).
police
only withLatCrit
a warrant
or in an aemergency
images only
be
Additionally,
has developed
substantialand
bodythat
of scholarship
from
retainedother
whenstand-alone
there is reasonable
they contain Exchange,
evidence of
a
several
symposia: suspicion
inter alia that
the South-North
the
CIVIL
LIBERTIES and UComparative
NION,
Domestic
crime.
AM .Series,
Study Space
the International
Colloquia. Drones,
LatCrit
RITICAL July
LEGAL31,THEORY
https://www.aclu.org/blog/tag/domestic-drones
(last Cvisited
2014).,
Symposia, LATCRIT: LATCRIT: LATINA & LATINO
IIllinois
NC.,
http://latcrit.org/content/publications/latcrit-symposium/
visited
recently
enacted the Freedom From Drone Surveillance(last
Act. Michael
July 5, 2014).
Maharrey,
Illinois Governor Signs Bill Limiting Drone Use Into Law, TENTH
6 These include Professors
AMENDMENT
CENTER Marc-Tizoc(Oct.
González, Andrea
1, Freeman,
2013),
and
César
http://blog.tenthamendmentcenter.com/2013/10/illinois-governor-signs-billCuahtémoc García Hernández. See About LatCrit, supra note 3 (listing
the
limiting-drone-use-into-law/#.Uk8fiZNesqo.
professors on the LatCrit Board of Directors
The Droneand
Acttheir
will require,
respective
with
lawa
schools).
few exceptions, that law enforcement obtain a warrant to gather evidence with
7 Campo
Sano,
LATAct
CRIT
: Lallow
ATINA drones
AND LATINO
CRITICAL
drones.
Id. The
Drone
will
use when
there L
isEGAL
a highTHEORY
risk of,
Iterrorist
NC, http://www.latcrit.org/content/campo-sano/
(last visited
July
5, no
2014).
attack, there is a need to locate a missing
person
but
criminal
8 Id.
investigation
is being undertaken, and there is a need for photographing a
9 Id.
crime
scene or a crash. Id.
Vol. 47:4
More Bang for Your Buck
1477
1487
1491
fact, “[s]ome veterans of the wars in Afghanistan and Iraq noted
that The
the National
cops appeared
Defense better-armed
Authorizationand
Act outfitted
of 1997 created
in middle
the
9
The SWAT
America
Department
than of
the Defense
GIs had been
Excess
in the
Property
war zones.”
Program
(“1033
90 to
10
transfer
excess
Defense vehicle,
(“DOD”)
officers also
brought
with
themDepartment
a Bearcat ofarmored
Program”)
91
Law Enforcement
property
similar to
to law
the enforcement
Mine-Resistant
agencies.
AmbushThe
Protected
(“MRAP”)
Support
(“LESO”)
has soldiers
transferred
thaninten
million
vehicles Office
used by
American
and more
Marines
Iraq
and
pieces
of property
more than
enforcement
Afghanistan.
The to
Bearcat,
whicheleven
costs thousand
$360,000, law
and much
of the
92
LESO
conductswith
these
the
agencies.
body armor,
was purchased
granttransfers
funds fromtotheincrease
Department
11 law
93
Since
2003, theagencies.
St. Louis
Regional
capabilities
of the
recipient
enforcement
of Homeland
Security.
Response
Under
System,
the 1033
a state
Program,
agency state
that administers
and local police
DHS agencies
grants,
throughout
has spent $9.4
the million
Unitedof States
DHS grant
have funds
acquired
purchasing
surplusequipment
military
distributed
weapons
for police and
departments
equipment.
in94St.The
Louis
County. 12surplus includes Light
95
96 and MineArmored
The Vehicles
police response
(LAV’s), inamphibious
Ferguson tanks,
also illustrated
the
97
Many police
have
Resistant
Ambush
(MRAP) vehicles.
pervasiveness
of the Protected
warrior mentality.
One Ferguson
criticized
theto1033
Program because
its lack
of sufficient
officer
said
the demonstrators:
“Bring
it. You
f*****g oversight
animals,
13 Another
98
Ferguson
police
officer stated
in a comment on
allowsit.”
abuse
by recipients
of DOD
property.
bring
Facebook that “[t]hese protestors should be put down like a rabid
dog the first night.” 14 In the evening of August 18 and morning of
90 See 10 U.S.C. § 2576(a) (2012) (permitting the Secretary of Defense to
August
19, 2014, six journalists were arrested while covering the
transfer
federal
and state
agencies,
personal
of the DOD
including
15 On
August
19, aproperty
police officer
in Ferguson
situationto in
Ferguson.
small arms and ammunition that is suitable for law enforcement activities and
aimed
his rifle at peaceful protestors and media members and
is not necessary for the DOD).
16
91 L“I
TheLOGISTICS
officers’ conduct
yelled
f*****g kill
you, get
back!”
AWwill
ENFORCEMENT
SUPPORT
O FFICE
, DEFENSE
AGENCY,
BROCHUREthe
2 (2013).
2013
epitomizes
“us-versus-them”
warrior
mentality
that
92 Id. at 2-3. DOD property may be transferred only if the property is
encourages
police officers to treat American streets as a warzone
drawn
from existing
DOD stocks
accepted
on an as-is
and where-is
basis,
and American
citizens
as theand
enemy.
Indeed,
“it seems
that some
the DOD funds for the procurement of defense equipment are not expended in
police
officers have shed the blue uniform and have put on the
the transfer, and the transfer costs are covered by the recipient. 10 U.S.C. §
uniform
and gear of the military, bringing the attitude along with
2576(b) (2012).
93 LAW ENFORCEME NT SUPPORT O FFICE , supra note 91, at 2.
it.” 17
94 See Lorenzo Francheschi-Bicchierai, Small-Town Cops Pile Up on
(Jun.
26,
2012,
6:31
AM),
Useless
Military
Gear,
WIRED
Being Used by Police in Ferguson, THE NATION (Aug. 20, 2014), available
at
http://www.wired.com/dangerroom/2012/06/cops-military-gear/all/
(reporting
http://www.thenation.com/article/181315/catalog-ferguson-police-weaponry#.
that small police departments across the United States are receiving vast
9 Mark
Thompson,
War Comes
Home: The
Militarization
of U.S. Police
amounts
of military
equipment
and weapons
through
the 1033 Program).
95 See,
e.g., (Aug.
Zach Pluhacek,
Patrol Trains in Light Armored
Forces,
TIME
19, 2014), Nebraska
availableState
at http://time.com/3144818/fergusonTAR.COM
(Feb.
16,
2010,
5:24
PM),
Vehicles,
JOURNALStures/.
police-militarization-pic
10 Szoldra, supra note 6.
http://journalstar.com/news/local/article_93f6952e-1b29-11df-918211 Julie Bosman(reporting
& Matt Apuzzo,
In Nebraska
Wake of Clashes,
Calls to
Demilitarize
001cc4c002e0.html
that the
State Patrol
acquired
three
Y. through
TIMES the (Aug.
14,
2014),
at
Police,
LAV’s fromN.the DOD
1033 Program
and
plan toavailable
use them for
http://www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashesnatural disasters).
96 See, e.g., Robert Johnson,
calls-to-demilitarize-police.htm
l?_r=0.The Pentagon Is Offering Free Military
12 Id.
Hardware
to Every Police Department in the U.S., BUSINESS INSIDER (Dec. 5,
13 Szoldra,
supra
note 6. at http://www.businessinsider.com/program-10332011,
11:09 AM),
available
14 Joshua Berlinger, St-Louis-area
officer fired
Facebook
comments
on
military-equipment-police-2011-12
(stating
that after
police
in Cobb
County,
30, 2014),tank
available
at the 1033 Program).
Ferguson
protests,
CNN (Aug.
Georgia, have
acquired
an amphibious
through
97 See, e.g., Oliver Darcy, Police Department Acquires $600K Military
http://www.cnn.com/2014/08/29/us/officer-fired-ferguson/.
15 Brian
6 more
journalists
arrested
Ferguson
protests,
CNN,
Vehicle
‘BuiltStelter,
to Withstand
Arms
Fire, Mine
Blasts,inIED’s
and Other
Emerging
http://www.cnn.com/2014/08/19/us/ferguson-journalists-arrested/
(last updated
Threats’,
THE BLAZE (Sept. 28, 2013, 9:20 AM),
http://www.theblaze.com/stories/2013/09/28/police-depar
tment-acqu ires-tankAug. 19, 2014).
16 Sasha Goldstein, Suburban St. Louis cop
suspended for threatening to
built-to-withstand-arms-fire-mine-blasts-iedsand-other-emerging-threats/
YORK D
NEWSMRAP).
(Aug. 20,
kill,
pointing
at media
in Sheriff’s
Ferguson,
Mo., NEW
(reporting
thatgun
Dallas
County
deputies
acquired
aAILY
MaxxPro
98 Michael
Kunzelman,
Little Restraint in Military Giveaways,
2014,
6:59 PM),
availableAPatImpact:
http://www.nydailynews.com/news/national/stPRESS
(July
31,
2013,
7:31
PM),
available
at
ASSOCIATED
louis-area-suspended-threatening-kill-media-ferguson-artic
le-1.1911046.
17 Szoldra, supra note 6.
http://bigstory.ap.org/article/ap-impact-little-restraint-military-giveaways.
An
1492
1488
1168
47 JO HN M ARS HALL L. REV . 1492
1488
1168
Vol. 47:4
different from its predecessors, particularly since it had the benefit
of two years of planning. III. ANALYSIS
Like the shift in conference scheduling, other changes have
of police
in the
United concerted
States is efforts
not a
taken The
placemilitarization
within the LatCrit
entity,
including
recent
phenomenon.
it is a continuing
trend
thatthere
has
to
continue
a process Rather,
of institutionalization.
In recent
years,
99
accelerated
in the wake
September
11thon
terrorist
attacks.
has
been a growing
focusofonthe
how
to capitalize
its critical
niche,
This analysis
will discuss
the programs
introduced
continue
cultivating
the nexthow
generation
of critical
scholars,above
and
have fueled
militarization
of police,
what militarization
has
ensure
that the baton
of outsider
jurisprudence
is passed along.
resulted in, and
the shooting
Guerena
is instructive.
Internally,
the why
organization
hasof Jose
shifted,
including
a gradual
changing of the guard in leadership, so to speak, as well as a
downsizing in administration.
For example, from 2008 to the
A. Militarization
present, the Board of Directors was intentionally downsized, with
a growing
number
of Board
occupied
by fueled
junior law
The DHS,
HSGP,
and seats
1033being
Program
have
the
6
professors.
militarization
of American police in two basic ways. First, these
Anotherhave
majorarmed
development
LatCrit’s acquisition
of a
programs
police isdepartments
with military
physical
space for theand
organization.
The property,
Campo
equipment—weapons
tools traditionally
reserved
for Sano
the
100 “Camp
(Spanish
Healthy,”
or more literally,
“Camp
is
Second,
the military
equipment
andSanity”),
training
battlefield.for
7 Purchased by
a
ten-acretoparcel
land located have
in Central
Florida.
provided
policeofdepartments
encouraged
law
enforcement
LatCrit to
inadopt
2011,a the
spacementality.
is home 101
to The Living Justice Center
officers
warrior
and the LatCrit Community Campus. 8 The physical facility serves
a means
“toTeeth
level the playing field and give LatCrit activists a
1.asArmed
to the
fighting chance to be heard.” 9 The space is intended
The DHS and HSGP departments have distributed a
to serve
as thebillion
hub dollars
of theirineducational,
staggering
thirty-four
grant funds research,
and military
102 The
advocacy
and activism
to remedy
thegovernment
imbalance does
and not
equipment
to police
departments.
deficiencies of the current legal system. Having an
independent physical base has become critical as
universities and law schools increasingly are even less
Associated Press investigation into the 1033 Program revealed that a
disproportionate amount of the equipment handed over to law enforcement
agencies went to rural areas with less crime and fewer officers. Id. For
Naming
Launching
New Discourse
of Critical
Legal
Scholarship,
2
instance, and
a police
chief in aMorven,
Georgia received
boats,
scuba
gear, rescue
H
ARV .and
LATINO
L. REV . 1 (1997).
rafts
life preservers
even though his town’s deepest body of water is an
RIT: full-time
LATINA officer
& LATINO
See alsocreek.
LatCrit
Biennial
Conferences,
LATConly
ankle-deep
Id. Also,
the police
chief – and
– of
C
RITICALStar,
LEGAL
THEORY
, INC.,over
http://latcrit.org/content/conferences/latcritRising
Texas,
received
three million dollars in televisions,
biennial-conferences/
(last and
visited
Julyequipment.
5, 2013) (providing
a list
of the
previous
computers, meat slicers,
other
Id. There
were
even
more
conferences,
and providing
direct links
to view
symposia
articles
for some
instances of flagrant
abuse, including
a sheriff
in Bureau
County,
Illinois
who
years
(found ofbylending
following
respective
year’sand
linka firearms
to its corresponding
was accused
M-14the
rifles
to his friends
manager in
webpage).
North Carolina who pled guilty stealing and selling firearms. Id.
99
See PeterLatCrit
B. Kraska,
Researching
the Police-Military
Blur: Lessons
Additionally,
has developed
a substantial
body of scholarship
from
OLICE FORUM
3, 2 (2005)
Researching
the PoliceLearned,
14 Pstand-alone
several other
symposia:
inter[hereinafter
alia the South-North
Exchange,
the
Military
Blur]Series,
(describing
militarizationand
as Comparative
a trend that Colloquia.
originated LatCrit
in the
Study Space
the International
ATCRIT
LATINA & 11th
LATINO
CRITICAL LEGAL THEORY,
1980’s
and intensified
the: September
attacks).
Symposia,
LATCRIT: Lafter
INC.,100 See,
http://latcrit.org/content/publications/latcrit-symposium/
e.g., Becker & Schulz, supra note 24 (reporting
(last
that visited
police
departments
July 5, 2014). across the country are obtaining a wide variety of military
6 These
Professors
Andrea
Freeman,
and
weapons
andinclude
equipment
by wayMarc-Tizoc
of federal González,
grant funds
and DOD
equipment
SUPPORT
FFICE ,LatCrit,
supra note
91note
(stating
that
César Cuahtémoc
García Hernández.
See OAbout
supra
3 (listing
transfers);
LAW ENFORCEMENT
Law Enforcement
Support Board
Office of
hasDirectors
transferred
million
pieceslaw
of
the professors
on the LatCrit
and ten
their
respective
DOD property to law enforcement agencies).
schools).
101Campo
7
DIANE Sano,
CECILIA
LATW
CRIT
EBER
: L, ATINA
WARRIOR
AND CLOPS
ATINO
: THE
CRITICAL
O MINOUS
LEGAL
G ROWTH
THEORY
OF,
IPNC
ARAMILITARISM
, http://www.latcrit.org/content/campo-sano/
IN AMERICAN POLICE DEPARTMENTS
(last visited
1-2July
(1999),
5, 2014).
available
8 Id.
at http://object.cato.org/sites/cato.org/files/pubs/pdf/bp50.pdf.
102
9
Id.
Becker & Schulz, supra note 24.
Vol. 47:4
More Bang for Your Buck
1477
1489
1493
103 There
fact, “[s]ome
track
exactly veterans
what is ofpurchased
the wars with
in Afghanistan
these funds.and
Iraq noted
is a
clear
that the
indication,
cops appeared
however,better-armed
that police and
departments
outfitted across
in middle
the
9 104
The SWAT
country
America are
than
transforming
the GIs had
into
been
“small
in the
army-like
war zones.”
forces.”
officers
The also
small
brought
town of
with
Keene,
them New
a Bearcat
Hampshire,
armored
which
vehicle,
had 10
a
similar to of the
Mine-Resistant
Ambush
Protected
population
23,409
in 2013, used
its federal
grant (“MRAP”)
funds to
The Marines
vehicle, manufactured
vehicles used
by American
soldiers105and
in Iraq and
purchase
a BearCat
armored vehicle.
by
Lenco, is The
equipped
withwhich
features
as .50
caliber
Afghanistan.
Bearcat,
costssuch
$360,000,
and
much armor
of the
town’s
protection,
V-Hull
design,
body armor, awas
purchased
withand
grantblast
fundsseats.
from 106
the The
Department
11
Since funds
2003, mentioned
the St. Louis
Regional
application
the DHS
grant
the need
for
of Homelandfor Security.
Response System, a state
administersexplained
DHS grants,
“terrorism-prevention
tools.”agency
A city that
councilmember
that
hasis spent
millionyou
of DHS
grant
it
“just $9.4
something
put in
the funds
grant purchasing
application equipment
to get the
for police107departments in St. Louis County. 12
money.”
The
The1033
police
Program
response
has facilitated
in Ferguson
the transfer
also illustrated
of more than
the
pervasiveness
ten million pieces
of the
of DOD
warrior
property
mentality.
to law One
enforcement
Ferguson
agencies
police
108 From 1997 to
1999 it.
alone,
253 animals,
aircraft,
officer
around said
the country.
to the demonstrators:
“Bring
Yousome
f*****g
13
Another Ferguson
police officer
in a comment
on
including
helicopters,
were stated
transferred
to police
bring
it.” Blackhawk
109“[t]hese
Otherprotestors
DOD should
equipment
Facebook
that
be puttransfers
down likeincluded
a rabid
departments.
In the
evening helmets,
of Augustgrenade
18 and morning
of
thousands
of night.”
M-16 14
rifles,
bulletproof
launchers,
dog
the first
110
August
19, 2014,goggles.
six journalists
were arrested while covering the
and night-vision
situation in Ferguson. 15 On August 19, a police officer in Ferguson
his rifletheatWarrior
peacefulMentality
protestors and media members and
2.aimed
Encouraging
yelled “I will f*****g kill you, get back!” 16 The officers’ conduct
epitomizes
the
“us-versus-them”
warrior
The warrior
mentality is most
easily mentality
understood that
by
encourages police
officers ofto atreat
American
a warzone
considering
the mindset
soldier
at war. streets
When as
police
officers
and American
citizens
as the enemy.
Indeed, “it
seems that
some
adopt
a warrior
mentality,
the problem
becomes
apparent:
police officers
haveare
shed
the blue
uniform
and American
have put citizens
on the
“American
streets
viewed
as the
‘front’ and
Police
officers’
assumption
of a
warrior
uniform
gear 111
of the
military,
bringing
the attitude
along
with
as
the and
‘enemy.’”
17
mentality is improper because the police and military serve
it.”
different functions. “The soldier learns to use lethal force on the
enemy . . . and initiates violence on command.” 112 In contrast,
Being Used by Police in Ferguson, THE NATION (Aug. 20, 2014), available at
“[t]he
civilian law enforcement officer . . . confronts not an ‘enemy’
http://www.thenation.com/article/181315/catalog-ferguson-police-weaponry#.
but9 individuals
who, War
like Comes
him, are
both
subject
to the nation’s
laws
Mark Thompson,
Home:
The
Militarization
of U.S. Police
Forces, TIME (Aug. 19, 2014), available at http://time.com/3144818/fergusonpolice-militarization-pic tures/.
10 Szoldra, supra note 6.
103 Julie
11
Id. Bosman & Matt Apuzzo, In Wake of Clashes, Calls to Demilitarize
104 Id. N.
Y.
TIMES
(Aug.
14,
2014),
available
at
Police,
105 Allie Bohm & Emma Andersson, Towns Don’t Need Tanks, but They
http://www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashesOF
RIGHTS (Mar. 7, 2013, 2:59 PM),
Have
Them, ACLU BLOGl?_r=0.
calls-to-demilitarize-police.htm
12 Id.
https://www.aclu.org/blog/criminal-law-reform-free-speech/towns-dont-need13 Szoldra, supra note 6.
tanks-they-have-them.
106Joshua
14
BearCatBerlinger,
G3, LENCO
St-Louis-area
ARMORED V
officer
EHICLES
fired
, after Facebook comments on
http://www.lencoarmor.com/law-enforcement/bearcat-variants/g3/
Ferguson protests, CNN (Aug. 30, 2014), available at
(last visited
http://www.cnn.com/2014/08/29/us/officer-fired-ferguson/.
July 31, 2014).
107 Brian
15
Bohm Stelter,
& Andersson,
6 more
supra
journalists
note 105.arrested in Ferguson protests, CNN,
108 LAW ENFORCEME NT SUPPORT O FFICE , supra note 91.
http://www.cnn.com/2014/08/19/us/ferguson-journalists-arrested/
(last updated
ADLEY BALKO, RISE OF THE WARRIOR COP: THE MILITARIZATION OF
Aug.10919,R2014).
16 Sasha
AMERICA
’S POLICE
Goldstein,
FORCES
Suburban
210 (2013)
St. Louis
[hereinafter
cop suspended
RISE for
OF threatening
THE WARRIOR
to
COP].pointing gun at media in Ferguson, Mo., NEW YORK DAILY NEWS (Aug. 20,
kill,
110 Id.
2014,
6:59 PM), available at http://www.nydailynews.com/news/national/st111 WEBER, supra note 101, at 10.
louis-area-suspended-threatening-kill-media-ferguson-artic
le-1.1911046.
112Szoldra,
17
Id.
supra note 6.
1494
1490
1168
47 JO HN M ARS HALL L. REV . 1494
1490
1168
Vol. 47:4
113
and protected
different
from by
its the
predecessors,
Bill of Rights.
particularly
since it had the benefit
of two
The
years
DHS,
of planning.
HSGP, and 1033 Program instill a warrior
mentality
Like the
in law
shift
enforcement
in conference
by providing
scheduling,
the other
military
changes
equipment
have
114 or
taken
and federal
place funds
withinnecessary
the LatCrit
to create
entity,
their
including
own SWAT
concerted
teamsefforts
other
paramilitary
that utilize military
and
to
continue
a process units
of institutionalization.
In recenttraining
years, there
115 a growing focus on how to capitalize on its critical niche,
tactics.
has
been
In the
mid 1980’s,
about
twenty of
percent
towns with
continue
cultivating
the next
generation
criticalof scholars,
and
populations
and jurisprudence
50,000 people ishad
a SWAT
ensure
that between
the baton25,000
of outsider
passed
along.
117
2007,organization
that numberhas
had shifted,
increasedincluding
to eighty percent.
team. 116 By the
Internally,
a gradual
In Wisconsin,
for guard
example,
SWAT
haveasbeen
changing
of the
in sixteen
leadership,
so teams
to speak,
wellformed
as a
of these new
teams
were
formed
in
since 2000. 118
downsizing
in Many
administration.
For SWAT
example,
from
2008
to the
119 with downsized,
a population
of
very small
as Forest
County,
present,
thetowns
Boardsuch
of Directors
was
intentionally
with
120 and
121 with
Mukwonago,
a population
of 7,355.
9,304,
a
growing
number
of Board
seats
being occupied
by 122
junior law
6
Military
special forces regularly train SWAT teams 123 in
professors.
areasAnother
such asmajor
urbandevelopment
combat, helicopter
is LatCrit’s
attack,acquisition
and sniping.
of 124
a
Private contractors
also organization.
provide training
military Campo
weaponsSano
and
physical
space for the
Theinproperty,
such
company,
Special
Operations
tactics. 125forOne
(Spanish
“Camp
Healthy,”
or more
literally,
“CampSystems,
Sanity”), is
Purchased
by
staffed
by parcel
instructors
selected
Army Special
United
a ten-acre
of land
locatedfrom
in Central
Florida. 7Forces,
126
LatCritMarines,
in 2011, Naval
the space
is home
to The
Justice Center
States
Special
Warfare,
andLiving
law enforcement.
8 The physical
facility
serves
Special
Systems Campus.
offers training
to SWAT
teams
and
and
the Operations
LatCrit Community
as a means
“to level the playing
give such
LatCrit
a
other
law enforcement
agenciesfield
in and
areas
as activists
explosive
9 The quarters
space is intended
fighting chance
to be
heard.”close
breaching,
urban
sniping,
battle (“CQB”), vehicle
to serve as the hub of their educational, research,
advocacy and activism to remedy the imbalance and
113 Id.
deficiencies
of the current legal system. Having an
114 R
ADLEY BALKO, O VERKILL: THE RISE OF PARAMILI T ARY POLICE
independent
physical
base
RAIDS IN AMERICA 8 (2006),
available
at has become critical as
http://object.cato.org/sites/cato.org/files/pubs/pdf/balko_whitepaper_2006.pdf
universities and law schools increasingly are even less
[hereinafter O VERKILL].
115 RISE OF THE WARRIOR COP, supra note 109, at xi-xii.
116 Peter Kraska, Militarization and Policing—Its Relevance to 21st
Naming
and Launching
New506
Discourse
(2007), available
of Critical
at Legal Scholarship, 2
Century Police,
1 POLICINGa 501,
H
ARV . LATINO L. REV . 1 (1997).
http://cjmasters.eku.edu/sites/cjmasters.eku.edu/files/21stmilitar
ization.pdf.
117 Id.also LatCrit Biennial Conferences, LATCRIT: LATINA & LATINO
See
118 O VERKILL
CRITICAL
LEGAL, supra
THEORY
note
, 114,
INC., athttp://latcrit.org/content/conferences/latcrit10.
119 Id.
biennial-conferences/
(last visited July 5, 2013) (providing a list of the previous
120 Community
Facts, UNITED
CENSUS
BUREAU, articles for some
conferences,
and providing
directSTATES
links to
view symposia
http://factfinder2.census.gov/faces/nav/jsf/pages/community_fac
ts.xhtm
l (last
years (found by following the respective year’s link to its
corresponding
visited
July 31, 2014) (reporting the population as of 2010).
webpage).
121
O VERKILL,LatCrit
supra note
114, at 10.a substantial body of scholarship from
Additionally,
has developed
122 Community
Facts, Usymposia:
NITED STATES
ENSUS
BUREAU,
several
other stand-alone
inter C
alia
the South-North
Exchange, the
http://factfinder2.census.gov/faces/nav/jsf/pages/community_fac
ts.xhtm l#none
Study Space Series, the International and Comparative Colloquia.
LatCrit
ATCRIT
LATC(reporting
RIT: LATINA
LATINO C
LEGAL THEORY,
(last
visited LJuly
31,: 2014)
the&population
asRITICAL
of 2010).
Symposia,
INC.,123 See
http://latcrit.org/content/publications/latcrit-symposium/
Peter B. Kraska & Victor E. Kappeler, Militarizing American
(last Police:
visited
The
July Rise
5, 2014).
and Normalization of Paramilitary Units, 44 SOC. PROBLEMS 1, 11
6 These
include
Professors
Marc-Tizoc
González,
Andrea
Freeman,
and
(1997)
(reporting
that
in a survey
of police
paramilitary
units,
forty-three
César
García
Hernández.
See About
supra
note 3 (listing
percentCuahtémoc
“trained with
‘active-duty
military
expertsLatCrit,
in special
operations.’”)
O VERKILLon
, supra
note 114,Board
at 14. of Directors and their respective law
the 124
professors
the LatCrit
125
Law Enforcement Training, SPECIAL O PERATIONS SYSTEMS,
schools).
7 Campo Sano, LATCRIT: LATINA AND LATINO C(last
RITICAL
LEGALJuly
THEORY
http://specopsystems.com/law-enforcement-training/
visited
31,,
INC, http://www.latcrit.org/content/campo-sano/ (last visited July 5, 2014).
2014).
126
8
Id.Staff, SPECIAL O PERATIONS SYSTEMS, http://specopsystems.com/staff/
Id.
(last9 visited
July 31, 2014).
Vol. 47:4
More Bang for Your Buck
1477
1491
1495
fact, “[s]ome
assault,
clandestine
veterans
operations,
of the wars
and in
weapons
Afghanistan
training.
and127Iraq noted
128
that Training
the copsmay
appeared
appear better-armed
to be a “purely
and technical
outfitted exercise.”
in middle
9
The SWAT
But training
andbeen
reinforces
of the
America
than“constructs
the GIs had
in the the
war ‘dangerousness’
zones.”
10
officers work,
also brought
with them
a Bearcat
armoredasvehicle,
group’s
the importance
of feeling
and thinking
a team”
similar
the Mine-Resistant
Protected
and the to“‘pleasure’
that comes Ambush
from playing
out (“MRAP”)
‘warrior
129 By
military and
equipment
training,
vehicles used
by embracing
American soldiers
Marines and
in Iraq
and
fantasies.’”
police
officers The
haveBearcat,
“accept[ed]
thecosts
military
as a and
model
for oftheir
Afghanistan.
which
$360,000,
much
the
130 andwith
“adopt[ed]
the tactics
andDepartment
mindset of
behavior
andwas
outlook”
body armor,
purchased
grant funds
from the
131 One
Since
former
2003,
SWAT
the team
St. Louis
member,
Regional
Betty
their
military mentors.”
of Homeland
Security. 11
Response
Taylor, explained
System, that
a state
“the agency
mentality
thatchanges
administers
when DHS
they get
grants,
put
has
on the
spent
SWAT
$9.4 million
team . of
. DHS
. [t]hegrant
us-versus-them
funds purchasing
mentality
equipment
takes
132 She
12 that mentality, there
lamented,in“when
youCounty.
get into
for
over.”
police
departments
St. Louis
133
are no The
innocent
police
people.
response
There’sinus and
Ferguson
there’s also
the enemy.”
illustrated
the
pervasiveness of the warrior mentality.
One Ferguson police
officer said toB.theWhat’s
demonstrators:
“Bring
it. You
f*****g animals,
So Bad About
Warrior
Cops?
bring it.” 13 Another Ferguson police officer stated in a comment on
Facebook
that “[t]hese
protestors should
be put some
down have
like aargued
rabid
In defending
the militarization
of police,
14 In the evening of August 18 and morning of
dog the
firstmust
night.”
that
police
keep
abreast of the threats they face in the war
135
August
19,1342014,
were war
arrested
while terrorism.
covering the
warsixonjournalists
crime, and
against
on drugs,
situation in Ferguson. 15 On August 19, a police officer in Ferguson
aimed his rifle at peaceful protestors and media members and
16
127 Law
The officers’ conduct
yelled
“I will
f*****gTraining,
kill you,
getnote
back!”
Enforcement
supra
125.
128
Kraska &the
Kappeler,
supra note 123, at 11.
epitomizes
“us-versus-them”
warrior
mentality
that
129 Id.
encourages
police officers to treat American streets as a warzone
130 WEBER, supra note 101, at 1.
and131American
citizens as the enemy. Indeed, “it seems that some
Id. at 2.
police
officers
have
the blue uniform and have put on the
132 See RISE OF THEshed
WARRIOR COP, supra note 109, at 241 (describing a
uniform
and
gear
of
the
military,
bringing
attitude
along
with
conversation with Betty Taylor, a former
SWATthe
team
member,
in which
Taylor
it.” 17 explains the mentality of SWAT officers).
Id.
Phrases such as the “war on drugs” and “war on crime,” sometimes
Being Used
in Ferguson,
THEalso
NATION
(Aug. 20,
2014),
available
at
referred
to by
as Police
“martial
metaphors,”
contribute
to the
warrior
mentality
http://www.thenation.com/article/181315/catalog-ferguson-police-weaponry#.
among
American police. WEBER, supra note 101, at 10. They have a tendency
9 Mark
Thompson,
War
Home: citizens
The Militarization
U.S. Police
to turn
“high-crime
areas
intoComes
‘war zones,’
into potentialofenemies,
and
Forces,
TIME (Aug.
19, 2014), Id.
available
at http://time.com/3144818/fergusonpolice officers
into soldiers.”
This rhetoric
is echoed by police officers
police-militarization-pic
themselves, many of tures/.
who openly advocate the warrior mentality. Radley
10 Szoldra,
note 6.American Neighborhoods Are ‘Battlefields,’ Claims
Balko,
SWAT supra
Cop Says
11 Julie
& Matt as
Apuzzo,
In Wake
of Clashes, Calls
HUFFINGTON
to Demilitarize
POST
Cops
Face Bosman
Same Dangers
Soldiers
in Afghanistan,
(Aug.
Y. http://www.huffingtonpost.com/2013/08/18/swat-cop-saysTIMES
(Aug.
14,
2014),
available
at
Police, 21,N. 2013),
american-ne_n_3776501.html.
http://www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashesGlenn French, a SWAT team commander in
Sterling
calls-to-demilitarize-police.htm
Heights, Michigan, stated
l?_r=0.
that trainers have spent a decade teaching
12 Id.to treat their “sector[s]” like a battlefield. Id. French further stated
officers
Szoldra, should
supra note
that13 officers
use 6.the same technologies, weapons, and tactics that
14 Joshua
Berlinger,
St-Louis-area
officer
firedwent
after so
Facebook
comments
on
“[their]
military
comrades
do.” Id. French
even
far as to
dub SWAT
(Aug. 30,Id.2014),
available
at illustrates perfectly how
Ferguson
protests, CNN
officers “mysterious
warriors.”
French’s
argument
http://www.cnn.com/2014/08/29/us/officer-fired-ferguson/.
police officers are encouraged to “accept the military as a model for their
15 Brian
6W
more
EBERjournalists
, supra notearrested
101, at 1.
in Ferguson protests, CNN,
behavior
andStelter,
outlook.”
135 See, e.g., Radley Balko, Rise of the Warrior Cop: Is it Time (last
to Reconsider
http://www.cnn.com/2014/08/19/us/ferguson-journalists-arrested/
updated
the
of American Policing?, WALL ST. J. (Aug. 7, 2013, 3:44 PM),
Aug.Militarization
19, 2014).
16 Sasha Goldstein, Suburban St. Louis cop suspended for threatening at
available
to
kill,
http://online.wsj.com/news/articles/SB1000142412788732384880457860804078
pointing gun at media in Ferguson, Mo., NEW YORK DAILY NEWS (Aug. 20,
2014,
6:59
PM), that
available
at http://www.nydailynews.com/news/national/st0519904
(stating
advocates
for the use of aggressive military tactics
louis-area-suspended-threatening-kill-media-ferguson-artic
le-1.1911046.
against drug dealers argued that drug dealers were acquiring
bigger weapons
Szoldra,
note
and17the
police supra
needed
to 6.
keep a step ahead of them); RISE OF THE WARRIOR
133
134
1496
1492
1168
47 JO HN M ARS HALL L. REV . 1496
1492
1168
Vol. 47:4
Aggressive
different
from
military
its predecessors,
tactics are
particularly
necessary,since
theyit claim,
had thebecause
benefit
criminals
of
two yearsare
of planning.
becoming more heavily armed. 136 However, the
evidence
the vast majority
of violent
criminalshave
are
Like suggests
the shiftthat
in conference
scheduling,
other changes
137 In
8,583entity,
murders
were committed
a
not so place
equipped.
taken
within
the2011,
LatCrit
including
concerted with
efforts
138 Only
139
323 ofofthose
murders involved
use years,
of a rifle,
firearm.
to
continue
a process
institutionalization.
In the
recent
there
140itsIn
fact, niche,
more
whereas
of them
involved
handguns.on
has
been a6,220
growing
focus on
how to capitalize
critical
murders were
committed
with generation
blunt objects
than were
committed
continue
cultivating
the next
of critical
scholars,
and
with rifles.
ensure
that141the baton of outsider jurisprudence is passed along.
Opponents
militarizationhas
also shifted,
point to including
countless cases
when
Internally,
the oforganization
a gradual
militarizedof police
and in
SWAT
teams so
caused
property
damage,
changing
the guard
leadership,
to speak,
as well
as a
142 These from
instances
serious injuries,
and wrongful deaths.
downsizing
in administration.
For example,
2008highlight
to the
the two central
problems
createdwas
by the
militarization
of American
present,
the Board
of Directors
intentionally
downsized,
with
police:
mission
creep of
andBoard
violation
the Castle
Doctrine.
a
growing
number
seatsof being
occupied
by junior law
professors. 6
Another
major development is LatCrit’s acquisition of a
1. Mission
Creep
physical space for the organization. The property, Campo Sano
(Spanish
“Camp
Healthy,”
moreteams
literally,
“Camp
Sanity”),
is
Withfor
the
proliferation
of or
SWAT
in the
United
States,
7 Purchased
by
a
ten-acresymptom
parcel of of
landmilitarization
located in Central
Florida.
another
emerged:
mission
creep. 143
LatCrit in 2011, the space is home to The Living Justice Center
and the LatCrit Community Campus. 8 The physical facility serves
COP, supra note 109, at 254 (explaining how police agencies would argue that
as a means “to level the playing field and give LatCrit activists a
military equipment was necessary in case of a rare school shooting or terrorist
9 The space is intended
fighting
to beuse
heard.”
attack
butchance
would then
the equipment
for drug raids); Bohm & Andersson,
supra note 105 (reporting that the Sheriff of Richland County, North Carolina,
defended
Department’s
of an educational,
armored personnel
carrier by
to his
serve
as the acquisition
hub of their
research,
saying advocacy
that it would
lives); Becker
& Schulz,
note 24 (reporting
andsave
activism
to remedy
thesupra
imbalance
and
that a Fargo police Lieutenant defended the town’s recent acquisition of
deficiencies
of
the
current
legal
system.
Having
an
military assault rifles, Kevlar helmets, bomb detecting robots, and an armored
independent
physical
base
has
become
critical
vehicle by saying that Fargo did not face terrorism threats every day as
but had
universities and law schools increasingly are even less
to be prepared).
136 O VERKILL, supra note 114, at 27.
137
CRIMINAL JUSTICE INFO. SERV . DIV ., FEDERAL BUREAU OF
INVESTIGATION, Crime in The United States 2011: Expanded Homicide Data
Naming 8,
and http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2011/crime-inLaunching a New Discourse of Critical Legal Scholarship, 2
Table
HARV . LATINO L. REV . 1 (1997).
the-u.s.-2011/tables/expanded-homicide-data-table-8
(last visited July 31,
See also LatCrit Biennial Conferences, LATCRIT: LATINA & LATINO
2014).
138 Id. LEGAL
CRITICAL
THEORY, INC., http://latcrit.org/content/conferences/latcrit139 Id.
biennial-conferences/
(last visited July 5, 2013) (providing a list of the previous
140 Id.
conferences,
and providing direct links to view symposia articles for some
141 Id.
years
(found by following the respective year’s link to its corresponding
142 See, e.g., RISE OF THE WARRIOR COP, supra note 109, at 288 (stating
webpage).
thatAdditionally,
a Maricopa LatCrit
County has
SWAT
team, led
by recentlybody
deputized
Steven Segal,
developed
a substantial
of scholarship
from
drove aother
tank stand-alone
into the living
room of
Jesus
who wasExchange,
suspectedthe
of
several
symposia:
inter
alia Llovera,
the South-North
cockfighting,
killed
dog); and
id. atComparative
291 (statingColloquia.
that a California
Study Space and
Series,
theLlovera’s
International
LatCrit
CRITand
: LAT
CRITa: boxer
LATINApuppy
& LATINO
CRITICAL
LEGAL Tin
HEORY
Symposia,
LAT
police officer
shot
killed
and pregnant
Chihuahua
2012,
Iand
NC., then
http://latcrit.org/content/publications/latcrit-symposium/
(last after
visited
claimed that the Chihuahua was caught in the crossfire
the
July 5,puppy
2014). threatened him); O VERKILL, supra note 114, at 37 (describing a
boxer
These include
Professors
Marc-Tizoc
González,
Andrea
and
20036 no-knock
raid that
was mistakenly
conducted
on the
home Freeman,
of 57-year-old
César
García
Hernández.
See About
supra burst
note 3into
(listing
AlbertaCuahtémoc
Spruill, who
suffered
a fatal heart
attackLatCrit,
when police
her
the
on the
LatCrit grenade).
Board of Directors and their respective law
homeprofessors
and deployed
a flashbang
143 See Kenneth B. Nunn, Race, Crime and the Pool of Surplus Criminality:
schools).
Campo
Sano,On
LAT
CRIT: Was
LATINA
AND On
LATINO
CRITICAL
EGAL T
RHEORY
ACE &,
Or 7Why
the ‘War
Drugs’
a ‘War
Blacks’,
6 J. GLENDER
IJNC
UST
, http://www.latcrit.org/content/campo-sano/
. 381, 405 (2002) (stating that while the original
(last visited
purpose
July
of 5,
SWAT
2014).teams
was8 Id.
responding to “extreme and dangerous situations . . . the ubiquity of
9 Id. teams means that police departments often use their paramilitary
SWAT
Vol. 47:4
More Bang for Your Buck
1477
1493
1497
fact, “[s]ome
Mission
creepveterans
is responsible
of the wars
for the
in Afghanistan
“growing tendency
and Iraq
of police
noted
144
departments
that
the cops
to use
appeared
SWATbetter-armed
units in routine
and outfitted
policing activity.”
in middle
9
The SWAT
SWAT than
teamsthe were
originally
intended
to respond
to
America
GIs had
been in the
war zones.”
10
officers also brought
with
them a such
Bearcat
armoredsniper,
vehicle,
extraordinarily
dangerous
situations,
as hostage,
and
145
Unfortunately,
SWAT Protected
teams and(“MRAP”)
military
similar
the Mine-Resistant
Ambush
terrorist to
situations.
146
tactics
increasingly
being soldiers
used to and
execute
searchinwarrants
vehiclesare
used
by American
Marines
Iraq and
147
148
to enforce
for
non-violent The
offenses
Afghanistan.
Bearcat,orwhich
costsregulatory
$360,000, law.
and much of the
average
number of
yearly
deployments
nation
body The
armor,
was purchased
with
grant SWAT
funds from
the Department
Since 2003,3,000
the inSt.
Regional
wide
has increased
from11approximately
theLouis
early 1980’s
to
of Homeland
Security.
149 The
Governor’s
Office of Crime
Response
System,
a state
agency
that administers
DHS Control
grants,
about 40,000
in 2001.
and spent
Prevention
reportedof that,
2012,
there
were 1,651
SWAT
has
$9.4 million
DHS in
grant
funds
purchasing
equipment
150County.
12
The report
also revealed that
team
deployments
in Maryland.
for police
departments
in St. Louis
89.5% The
of these
police
SWAT
response
deployments
in Ferguson
were for the
also
execution
illustrated
of search
the
pervasiveness of the warrior mentality.
One Ferguson police
officer said to the demonstrators: “Bring it. You f*****g animals,
bring
it.” 13 Another Ferguson police officer stated in a comment on
units for routine law enforcement activities.”)
144 WEBER
Facebook
that
“[t]hese
protestors
should be put down like a rabid
, supra
note 101,
at 8.
14 In the evening
Researching
the Police-Military
Blur, supra
of August
note 99,18
at and
5. morning of
dog145the
first night.”
146 Id. In Arlington, Texas, a SWAT team executed a search warrant for
August
19, 2014, six journalists were arrested while covering the
marijuana
on an organic
Radley
Texas
Police
Organic
15 On farm.
August
19,Balko,
a police
officer
inHit
Ferguson
situation plants
in Ferguson.
POST,
Farm
with
Massive
SWAT
Raid,
HUFFINGTON
aimed
his rifle at peaceful protestors and media members and
http://www.huffingtonpost.com/2013/08/15/texas-swat-team-conducts16
The The
officers’
yelled
“I will f*****g
kill you,
get 2013,
back!”
_n_3764951.html
(last updated
Aug. 18,
7:26 AM).
police conduct
held the
epitomizes
the for
“us-versus-them”
warrior
mentality
that
residents at gunpoint
a half hour, but found
no marijuana
plants. Id. After
ten hours the police
police confiscated
bushes, okra
and tomatillo
plants,
encourages
officers toblackberry
treat American
streets
as a warzone
sunflowers,
and native
grasses.
Id. enemy.
A SWATIndeed,
team conducted
a drug
on
and
American
citizens
as the
“it seems
thatraid
some
the home of Ronald Terebesi in Easton, Connecticut. MariAn Gail Brown, A
police
officers
have Raid
shed the
blue uniform
and
have put onPOST
the,
Costly
SWAT
Gone
Wrong,
CONNECTICUT
uniform
and
gear
of
the
military,
bringing
the
attitude
along
with
http://www.ctpost.com/local/article/A-costly-SWAT-raid-gone-wrong17
4303215.php
(last updated Feb. 23, 2013, 11:42 PM). In the mayhem of
it.”
detonating flashbang grenades, one officer became confused. Id. Believing that
he had been hit, the officer shot and killed Terebesi’s friend, Gonzalo Guizan.
Being
Usedspokesman
by Police in for
Ferguson,
THE NATION (Aug.
2014),responded
available atthat
Id. The
the Connecticut
State 20,
Police
http://www.thenation.com/article/181315/catalog-ferguson-police-weaponry#.
“[c]ertainly, this is not the result anyone would want[.]” Id.
147Mark
9
See RThompson,
ISE OF THEWar
WARRIOR
ComesCHome:
OP, supra
The note
Militarization
109, at 282of(stating
U.S. Police
that
when
Forces,the
TIME
popularity
(Aug. 19,
of Texas
2014),Hold
available
‘Em rose
at http://time.com/3144818/fergusonin the 2000’s, police responded to
police-militarization-pic
private games and tournaments
tures/.
with SWAT raids). A SWAT team in Dallas,
10 Szoldra,
note of
6. Foreign Wars post that held charity poker games.
Texas
raided asupra
Veterans
BosmanSouth
& Matt
Apuzzo,police
In Wake
of Clashes,
to Demilitarize
Id. 11
In Julie
Greenville,
Carolina
raided
a poker Calls
tournament
held by
Y. Aaron
TIMES
14,When2014),
available
at
Police,
N.
seventy-two-year-old
Awtry.(Aug.
Id. at 283.
the police
beating down
http://www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashesAwtry’s
door with a battering ram, Awtry thought he was being robbed and
calls-to-demilitarize-police.htm
l?_r=0.
fired
through the door, injuring
one officer. Id. The police returned fire and
12 Id.
Awtry
was struck once. Id. Other players stated that the police neither
13 Szoldra,
note themselves
6.
knocked
nor supra
identified
as police. Id. Awtry was charged with
14 Joshua
Berlinger,
St-Louis-area
officer
after Facebook
comments
on
attempted
murder,
to which
he pled guilty
infired
exchange
for a reduced
sentence
Ferguson
protests,
CNN (Aug.
of five years
imprisonment.
Id.30, 2014), available at
148 See The Militarization of the Police, S.C. POLICY COUNCIL (Aug. 14,
http://www.cnn.com/2014/08/29/us/officer-fired-ferguson/.
15 Brian Stelter,
6 more journalists arrested in Ferguson protests, CNN,
2013),
http://www.scpolicycouncil.org/research/budget/policemilitarization
http://www.cnn.com/2014/08/19/us/ferguson-journalists-arrested/
(last
(reporting that SWAT teams have been used to enforce regulatory
law updated
such as
Aug. 19, 2014).
underage
drinking and barbering without a license).
149 Sasha
16
Researching
Goldstein,
the Police-Military
Suburban St. Louis
Blur, supra
cop suspended
note 99, atfor
5. threatening to
MD. STATISTICAL
ANALYSIS
CTR., Mo.,
G OVERNOR
S OD
FFICE
AILY N
OF
EWS
CRIME
(Aug. 20,
kill,150
pointing
gun at media
in Ferguson,
NEW Y’ORK
CONTROL
PREVENTIO
N, THIRD
REPORT TO THE STATE OF MARYLAND
2014,
6:59& PM),
available
at http://www.nydailynews.com/news/national/stUNDER PUBLIC SAFETY ARTICLE § 3-507 3 (2012), available
at
louis-area-suspended-threatening-kill-media-ferguson-artic
le-1.1911046.
17 Szoldra, supra note 6.
http://www.goccp.maryland.gov/msac/documents/SW
ATRe port2012.pdf.
1498
1494
1168
47 JO HN M ARS HALL L. REV . 1498
1494
1168
Vol. 47:4
151 More
warrants.from
different
its predecessors,
than half of particularly
the total SWAT
since team
it haddeployments
the benefit
were
of two for
years
“Part
of planning.
II Crimes” and only involved the recovery and
seizure
Like
of “illegal
the shift
drugs
in conference
and other contraband.”
scheduling, 152
other changes have
Kenosha,
Wisconsin,
nine agents
the state’s
takenInplace
within the
LatCrit entity,
includingfrom
concerted
efforts
Department
Naturalof Resources
(DNR) andInfour
deputy
sheriffs
to
continue aofprocess
institutionalization.
recent
years,
there
was niche,
killed
raided
an aanimal
shelter
of capitalize
a baby deer
has
been
growing
focusinonsearch
how to
on153
itsthat
critical
One shelterthe
employee
described of
thecritical
agents scholars,
as “armedand
to
on site. 154cultivating
continue
next generation
155the
Thebaton
DNR ofsupervisor
tried to justifyisDNR’s
the teeth.”
ensure
that
outsider jurisprudence
passeddecision
along.
not to provide
notice to
shelterincluding
by explaining
that
Internally,
the prior
organization
hastheshifted,
a gradual
sheriffs’ departments
do not
call ahead to
for drugs
they
changing
of the guard
in leadership,
so ask
to speak,
as when
well as
a
156
execute a search
warrant for narcotics.
downsizing
in administration.
For example,
from 2008 to the
The the
result
of mission
creepwas
is evident:
as SWAT
teamswith
are
present,
Board
of Directors
intentionally
downsized,
increasingly
deployed
for routine
police occupied
activities,
a
growing number
of Board
seats being
by non-violent
junior law
6
offenders are
subjected to violent assaults in their own homes.
professors.
Another major development is LatCrit’s acquisition of a
physical space for the organization. The property, Campo Sano
(Spanish for “Camp Healthy,” or more literally, “Camp Sanity”), is
151 Id. atparcel
6. The ofreport
“legal authority
Purchased
activation” by
of
a ten-acre
land categorizes
located inthe
Central
Florida. 7for
SWAT
as: the
arrest
warrant,
search
warrant,
exigent
LatCritteams
in 2011,
space
is home
to The
Livingbarricade,
Justice Center
circumstances,
and “other.”
Id.
and152the LatCrit
Community
Campus. 8 The physical facility serves
Id.
as 153
a means
“to level the playing field and give LatCrit activists a
Animals, mostly the family dog, are frequently victims of violent SWAT
9
is intended
fighting
chance
heard.”
Wbe
ARRIOR
COP, The
supraspace
note 109,
at 290. In Maricopa
raids. RISE OF THEto
County, Arizona a SWAT team conducted a raid using tear gas and an
armored
carrier.
The Drug
War Goes to
the Dogs,
topersonnel
serve as
the Radley
hub Balko,
of their
educational,
research,
INSTITUTE (Apr.
2006), available
at
CATO advocacy
and 5,activism
to remedy
the imbalance and
http://www.cato.org/publications/commentary/drug-war-goes-dogs. The
deficiencies of the current legal system. Having an
targeted home caught fire, and when a puppy tried to escape the flames, a
independent
physical
has with
become
critical asId.
SWAT officer chased him
back into base
the building
a fire extinguisher.
The puppy
burned to death.
Id. Inschools
Tampa, increasingly
Florida a policeare
officer
headed
universities
and law
even
less to a
drug raid took a short cut across the neighbor’s yard, killing the neighbor’s two
dogs on the way. Id. In Fremont, California, police raided the home of a
medicinal marijuana patient and shot his dog nine times. Id. In Berwyn
Naming
Launching
a New
Discourse
Critical
Heights, and
Maryland,
a Prince
George’s
County of
SWAT
teamLegal
burstScholarship,
into the home2
H
LATINOmayor.
L. REVMayor
. 1 (1997).
ofARV
the. town’s
Wants Federal Probe after SWAT Raids House,
See
also
LatCrit
Biennial Conferences, LATCRIT: LATINA & LATINO
Kills
Dogs,
CNN,
http://www.cnn.com/2008/CRIME/08/07/mayor.warrant/
(last
C
RITICALAug.
LEGAL
THEORY
INCThe
., http://latcrit.org/content/conferences/latcritupdated
7, 2008,
7:47 ,PM).
SWAT team cuffed the mayor, forced him
biennial-conferences/
(last
visited
5, 2013)
(providing
a list of the
previous
to the floor, and shot his
two
dogs.July
Id. While
there
are no national
statistics
for
conferences,
and
to are
view
symposia
articlesdogs
forwith
some
such shootings,
it isproviding
clear thatdirect
police links
officers
regularly
shooting
OF THE
WARRIORyear’s
COP, link
supratonote
at 290.
years
by following
respective
its 109,
corresponding
little or(found
no provocation.
RISE the
According
webpage). to a study by the National Canine Research Council, half of
intentional
shootings
by police
involve dogs,
even though
are no
Additionally,
LatCrit
has developed
a substantial
bodythere
of scholarship
from
documented
of a dog symposia:
killing a police
Carter, Half
of
several othercases
stand-alone
inter officer.
alia theMike
South-North
Exchange,
the
TIMES
Intentional
Shootings
Involve Dogs,
Says, SEATTLE
Study Space
Series, by
thePolice
International
and Study
Comparative
Colloquia.
LatCrit
CRIT: LATatCRIT: LATINA & LATINO CRITICAL LEGAL THEORY,
(Dec.
1, 2012),
Symposia,
LATavailable
INC.,
http://latcrit.org/content/publications/latcrit-symposium/
(last
visited
http://seattletimes.com/html/localnews/2019809359_rosie02m.htm
l.
July1545,Jessica
2014). Chasmar, 13 Wisconsin officials raid animal shelter to kill baby
Professors
Marc-Tizoc
TIMESGonzález,
(Aug. 1,Andrea
2013), Freeman,
availableand
at
deer6 These
named include
Giggles,
WASHINGTON
César
http://www.washingtontimes.com/news/2013/aug/1/13-wisconsin-officials-raidCuahtémoc García Hernández. See About LatCrit, supra note 3 (listing
the
animal-shelter-kill-ba/.
professors on the Wisconsin
LatCrit Board
law forbids
of Directors
the possession
and theirofrespective
wild animals.
law
schools).
Id. The shelter received the baby deer from a family who feared that the deer
Campo
Sano, Land
ATCRIT
LATINA AND
ATINO
LEGAL
THEORY
had7been
abandoned,
had: planned
bringLthe
deerCRITICAL
to a wildlife
preserve
the,
Iday
NC, after
http://www.latcrit.org/content/campo-sano/
(last visited July 5, 2014).
the raid. Id.
155
8
Id.
Id.
156
9
Id.
Id.
Vol. 47:4
More Bang for Your Buck
1477
1495
1499
2.fact,
Violation
“[s]ome
of veterans
the CastleofDoctrine
the wars in Afghanistan and Iraq noted
that the cops appeared better-armed and outfitted in middle
9
Thethat
SWAT
America
The than
Castle
the Doctrine
GIs had is
beenrooted
in theinwar
thezones.”
principles
“a
157
10
and thatarmored
the home
“should
officers also
brought
with
vehicle,
[person’s]
house
is his [or
her]them
castle”a Bearcat
158
The
be
similar
protected
to as
the a Mine-Resistant
place of refuge, Ambush
peace, andProtected
sanctuary.”
(“MRAP”)
Doctrine
encompasses
the idea
that and
“the Marines
state is in
permitted
to
vehicles used
by American
soldiers
Iraq and
violate
the home’s
under
circumstances,
Afghanistan.
The sanctity
Bearcat, only
which
costslimited
$360,000,
and much ofonly
the
as
last resort,
and only
under
protect the
bodya armor,
was purchased
with
grantconditions
funds fromthat
the Department
11
159 The
Since
2003,
the knock-and-announce
St. Louis Regional
threshold
from Security.
unnecessary
violence.”
of Homeland
rule
Response
“logically
System,
extends
a state
from agency
this entrenched
that administers
legal reverence
DHS grants,
for the
160 $9.4
The million
rule requires
that funds
law purchasing
enforcement
officers
home.”
has spent
of DHS grant
equipment
announce
their presence
to give
an opportunity “to open
for
police departments
in St.
Louisresidents
County. 12
161
The police response in Ferguson also illustrated the
the door[.]”
the
The prevalence
no-knockmentality.
and quick-knock
raids 162 ispolice
pervasiveness
of theof warrior
One Ferguson
result
of police
choosing
to You
use f*****g
dangerous
and
officer said
to the departments
demonstrators:
“Bring it.
animals,
163 police
Another tactics
Ferguson
that evince
officer stated
a lackin ofa comment
concern for
on
aggressive
bring it.” 13 military
avoiding
Facebook violence.
that “[t]hese
One protestors
study found
should
that more
be putthan
down
eighty
like a
percent
rabid
14 In the evening
August 18and
andquick-knock
morning of
of
dogSWAT
the first
team
night.”
deployments
were forofno-knock
164 These
raids
are often
August
19, 2014,
six journalists
while
covering
the
drug raids
that involved
forced were
entry.arrested
15 On August
165 a They
police frequently
officer in Ferguson
involve
conductedininFerguson.
the pre-dawn
hours.19,
situation
aimed
violent his
forced
rifle
entry
at peaceful
with battering
protestors
ramsand
or explosives
media members
and useand
of
166kill
Violent
governmental
intrusions
officers’ into
conduct
the
yelled
flashbang
“I will
grenades.
f*****g
you, get
back!” 16 The
epitomizes
home foreclose
thethe “us-versus-them”
“opportunity to comply
warrior
with mentality
the law andthat
to
encourages
avoid the police
destruction
officers ofto property”
treat American
and streets
utterly asdestroy
a warzone
the
and
“elements
American
of privacy
citizensand
as dignity”
the enemy.
which
Indeed,
the knock-and-announce
“it seems that some
police
rule and
officers
the Castle
have Doctrine
shed theare
blue
meant
uniform
to protect.
and 167
have put on the
Although
the ofSupreme
Courtbringing
of the United
Statesalong
held with
that
uniform
and gear
the military,
the attitude
the17 knock-and-announce rule “forms a part of the Fourth
it.”
Amendment reasonableness inquiry,” 168 the Court later carved out
exceptions to the rule. 169 The Court has now made the rule
Being Used by Police in Ferguson, THE NATION (Aug. 20, 2014), available at
http://www.thenation.com/article/181315/catalog-ferguson-police-weaponry#.
9 Mark Thompson, War Comes Home: The Militarization of U.S. Police
157 Miller
United
U.S. 301,
(1958).
Forces,
TIMEv.(Aug.
19,States,
2014),357
available
at 307
http://time.com/3144818/ferguson158 RISE OF THE WARRIOR
police-militarization-pic
tures/. COP, supra note 109, at 6.
159Szoldra,
10
Id.
supra note 6.
160 Julie
11
E. Martin
Bosman
Estrada,
& Matt
A Toothless
Apuzzo, InTiger
Wakeinofthe
Clashes,
Constitutional
Calls to Demilitarize
Jungle: The
Y.
TIMESand the
(Aug.
&
“Knock
Police, andN.Announce
Rule”
Sacred14,Castle2014),
Door, 16 available
U. FLA. J.L. at
P
UB. POL’Y 77, 81 (2005).
http://www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashes161 Hudson v. Michigan, 547
U.S. 586, 589 (2006).
calls-to-demilitarize-police.htm
l?_r=0.
162Id.
12
See Researching the Police-Military Blur, supra note 99, at 5 (stating
Szoldra,
supra
notepercent
6.
that13more
than
eighty
of police paramilitary unit deployments were
14 Joshua and
Berlinger,
St-Louis-area
officer
fired after
Facebook
comments on
for no-knock
quick-knock
drug raids
involving
dynamic
entries).
163 Id. protests,
at 6.
Ferguson
CNN (Aug. 30, 2014), available at
164 Id. Kraska refers to police paramilitary units, which is a broader term
http://www.cnn.com/2014/08/29/us/officer-fired-ferguson/.
15 Brian
Stelter,
6 more
journalists
arrested
in Ferguson
CNN,
defining
a type
of police
unit into
which SWAT
teams
would fit. protests,
Id.
165 Id. at 5.
http://www.cnn.com/2014/08/19/us/ferguson-journalists-arrested/
(last updated
Id.2014).
Aug.16619,
167 Sasha
16
Hudson,
Goldstein,
547 U.S. Suburban
at 594.
St. Louis cop suspended for threatening to
Wilson v.
Arkansas,
U.S. 927, 930
kill,168
pointing
gun
at media514
in Ferguson,
Mo.,(1995).
NEW YORK DAILY NEWS (Aug. 20,
169 6:59
See Richards
v. Wisconsin,
520 U.S. 385, 394 (1997) (stating that a no2014,
PM), available
at http://www.nydailynews.com/news/national/stknock entry is permissible where the police have “reasonable
suspicion that
louis-area-suspended-threatening-kill-media-ferguson-artic
le-1.1911046.
17 Szoldra,
note 6.their presence, under the particular circumstances,
knocking
and supra
announcing
1500
1496
1168
47 JO HN M ARS HALL L. REV . 1500
1496
1168
Vol. 47:4
170 Given
practically
different
from
unenforceable.
its predecessors,
particularly
the feeble
since
state
it had
of the
the knockbenefit
and-announce
of two years of rule,
planning.
the proliferation of, and increasing reliance on,
SWAT
Like
teams,
the shift
military
in conference
tactics, and
scheduling,
no-knock other
searches
changes
will make
have
violent
taken place
police within
raids more
the LatCrit
commonplace.
entity, including concerted efforts
to continue a process of institutionalization. In recent years, there
has beenC.a growing
howShooting
to capitalize
on Guerena
its critical niche,
Another focus
Look on
at the
of Jose
continue cultivating the next generation of critical scholars, and
ensure
that the
baton of the
outsider
jurisprudence
is by
passed
A video
recording
Guerena
raid, filmed
one along.
of the
Internally,
the isorganization
shifted,
a agradual
The video
clip including
begins with
shot of
SWAT officers,
revealing. 171 has
changing
of thein guard
in leadership,
speak, officers
as wellinasthe
a
SWAT officers
an armored
vehicle so
andtoSWAT
downsizing
in front
administration.
from is2008
to the
policeexample,
vehicle siren
sounded
for
yard near the
door. 172 The For
present,
Board
of Directors
was intentionally
a total ofthenine
seconds
after which
SWAT officersdownsized,
near the with
door
173 Then,
a
number
of Board
seats
occupiedseconds
by junior
justbeing
thirty-three
into law
the
cangrowing
be heard
speaking.
professors.
video, the 6 door is kicked open. 174 At forty seconds, the officers
major
is seconds
LatCrit’safter
acquisition
of a
the shooting
beginAnother
firing into
thedevelopment
home. 175 Four
physical
the from
organization.
Sano
begins, anspace
officerformoves
the yard The
to theproperty,
door and Campo
begins firing
(Spanish
“Camp
or more
literally,
Sanity”),
is
officer,
who “Camp
is firing
over the
his pistolforinto
the Healthy,”
home. 176 This
Purchased
a ten-acreofparcel
of land
located
in Central
shoulder
another
office,
is clearly
unableFlorida.
to see 7at
what he by
is
177 2011, the space is home to The Living Justice Center
LatCrit in
shooting.
The physical
serves
and the
Community
Campus.
OnlyLatCrit
thirty-eight
seconds
passed8 from
the firstfacility
siren to
the
as a means
levelofthe
playing
field178and
give LatCrit
activists
a
Guerena,
who was
holding
shooting
and “to
killing
Jose
Guerena.
9 The space is intended
fighting
chance
to be heard.”
an
AR-15,
was forced
to make
a split-second decision in responding
to the assault. 179 Guerena chose not to fire and the SWAT officers
to serve as the hub of their educational, research,
advocacy and activism to remedy the imbalance and
deficiencies of the current legal system. Having an
would be dangerous or futile, or that it would inhibit the effective
independent
physical base has become critical as
investigation of the crime.”)
170 See
Hudson, 547
U.S.law
at 593-94
(holding
that violation
the knock
universities
and
schools
increasingly
are ofeven
less and
announce rule does not warrant application of the exclusionary rule because
“[t]he interests protected by the knock-and-announce requirement . . . do not
include the shielding of potential evidence from the government’s eyes”);
Naming
and
Launching
a New
of Knocking
Critical Legal
Scholarship,
2
Jessica M.
Weitzman,
Note,
They Discourse
Won’t Come
No More:
Hudson v.
H
ARV . LATINO
EV . 1 (1997).
Michigan
and L.
theRDemise
of the Knock-And-Announce Rule, 73 BROOK. L. REV .
CRIT: LATINA
& LATINO
1209,
See1218
also(2008)
LatCrit
(arguing
Biennial
that Conferences,
because otherLAT
deterrence
mechanisms
are
C
RITICAL Lthe
EGALexclusionary
THEORY, INC
., is
http://latcrit.org/content/conferences/latcritineffective,
rule
the only viable remedy for knock-andbiennial-conferences/
announce violations). (last visited July 5, 2013) (providing a list of the previous
171 Mike and
McDaniel,
The direct
Jose links
Guerena
Shooting:
Update
1, Reprised,
conferences,
providing
to view
symposia
articles
for some
TATELY
DANIEL the respective
MANOR
(Dec.
30,corresponding
2011),
S
years
(found byMCfollowing
year’s
link to its
http://statelymcdanielmanor.wordpress.com/2011/12/30/the-jose-guerenawebpage).
shooting-update-1-reprised/.
The author,
Mike McDaniel,
former SWAT
Additionally, LatCrit has developed
a substantial
body of ascholarship
from
officer, analyzed
the video symposia:
recordinginter
of the
Guerena
shooting in
great detail.
several
other stand-alone
alia
the South-North
Exchange,
the
Id.
Study Space Series, the International and Comparative Colloquia. LatCrit
172 Id.
Symposia,
LATCRIT: LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY,
INC.,173 Id.
http://latcrit.org/content/publications/latcrit-symposium/
The SWAT officers can be heard speaking, but they(last
are not
visited
loud
enough
July 5, 2014).
to be understood in the video clip. See id. The siren sounds very
6 These
include
Marc-Tizoc
González,forAndrea
and
similar
to a car
alarmProfessors
and could have
been mistaken
one. SeeFreeman,
id. The siren
César
Cuahtémoc
García
Hernández.
See About
LatCrit,
supraSee
note
also
could
have been
mistaken
for a passing
emergency
vehicle.
id.3 (listing
Id.
the 174
professors
on the LatCrit Board of Directors and their respective law
175 Id.
schools).
176Campo
7
Id.
Sano, LATCRIT: LATINA AND LATINO CRITICAL LEGAL THEORY,
INC,177
http://www.latcrit.org/content/campo-sano/
Id.
(last visited July 5, 2014).
178
8
Id.
Family of Jose Guerena, supra note 30.
179
9
Id.See McDaniel, supra note 171 (stating that only seven seconds passed
Vol. 47:4
More Bang for Your Buck
1477
1497
1501
fact, his
took
“[s]ome
life. 180
veterans
This raid
of the
illustrates
wars inhow
Afghanistan
police, armed
andlike
Iraqsoldiers
noted
that
and steeled
the cops
with appeared
a warriorbetter-armed
mentality, are
and
quick
outfitted
to use in
aggressive
middle
The SWAT
America
military tactics
than the
that
GIs
treat
hadanbeen
Arizona
in the
home
warlike
zones.”
the 9battlefield
and
officers
alsoAmerican
brought citizen
with them
a enemy.
Bearcat armored vehicle, 10
an innocent
like the
similar to the Mine-Resistant Ambush Protected (“MRAP”)
ROPOSALand Marines in Iraq and
vehicles used by American
IV. Psoldiers
Afghanistan. The Bearcat, which costs $360,000, and much of the
militarization
trendfunds
will from
require
less
body Reversing
armor, wasthe
purchased
with grant
the nothing
Department
Since 2003,
St. Louis
Regional
than
a nationwide
Thisthesection
proposes
a
of Homeland
Security. 11movement.
Response
System,top-down
a state agency
DHS grants,
comprehensive,
approachthatto administers
demilitarization.
While
has
million
of DHS may
grantseem
funds
purchasing
equipment
somespent
of the$9.4
proposed
measures
extreme,
the first
step in
12 one.
for
departments
in St. Louis
the police
opposite
direction always
looks County.
like a big
The police response in Ferguson also illustrated the
pervasiveness of the
warrior mentality.
One Ferguson police
A. Recognizing
the Problem
officer said to the demonstrators: “Bring it. You f*****g animals,
Ferguson
officer
stated inviolent
a comment
on
bringReports
it.” 13 Another
of botched
SWATpolice
raids,
excessively
tactics,
Facebook
that “[t]hese
protestors
should disregarded
be put downas
like“isolated
a rabid
and
civilian
casualties
are often
181 night.”
In first
the evening
August 18
morningthe
of
dog the first
Thus,14the
step toof reform
is and
increasing
incidents.”
August
2014,
were militarization.
arrested while The
covering
the
attention19,paid
to six
the journalists
issue of police
ACLU’s
15 On August 19, a police officer in Ferguson
situation
launch ofinaFerguson.
nationwide
investigation into the militarization of
182 More protestors
aimed
riflestart.
at peaceful
is needed. and media members and
police ishis
a good
16
The
officers’
yelledTo“Ipush
will militarization
f*****g kill you,
intoget
theback!”
national
spotlight,
theconduct
House
epitomizes
the should
“us-versus-them”
warrior
mentality
of
Representatives
pass a resolution
for the
formation that
of a
encourages
police officers
to treat American
streetsThe
as aresolution
warzone
special
committee
to investigate
militarization.
and American
as the
Indeed, “it seems
that some
should
specify citizens
the scope
of enemy.
the investigation.
The committee
police officers
have how
shed militarization
the blue uniform
andonhave
on the
should
investigate
works
the put
ground
by
uniform and
the military,and
bringing
the attitude
along with
studying
(1)gear
theof prevalence
frequency
of SWAT
and
it.” 17
paramilitary-style
police raids, (2) the civilian casualties resulting
from such raids, (3) the use by police of military weapons and
tactics
against civilians, and (4) the use by police of military
Being Used by Police in Ferguson, THE NATION (Aug. 20, 2014), available at
surveillance
technology against civilians. The committee should
http://www.thenation.com/article/181315/catalog-ferguson-police-weaponry#.
9 Mark Thompson, War Comes Home: The Militarization of U.S. Police
Forces, TIME (Aug. 19, 2014), available at http://time.com/3144818/fergusonfrom the time that the tures/.
SWAT officers kicked in the door to the time that they
police-militarization-pic
10 Szoldra,
note 6.
opened
fire on supra
Guerena).
180 Julie
11
See Jose
Bosman
Guerena
& Matt
Killed,
Apuzzo,
supra
In note
Wake25
of (stating
Clashes,that
CallsGuerena,
to Demilitarize
armed
Y. fired
TIMES
(Aug.
2014), that
available
with
Police,
an AR-15,
N. never
his weapon
at the 14,
SWAT officers
killed him). at
181 O VERKILL, supra note 94, at 43. Balko argues that these raids are
http://www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashesoccurring
with “disturbing regularity”
and that “[t]hey can’t all be isolated
calls-to-demilitarize-police.htm
l?_r=0.
12 Id.
incidents.”
Id. The CATO Institute created an interactive map of botched
13 Szoldra,
note 6.Paramilitary Police Raids, CATO INSTITUTE ,
police
raids. supra
Botched
14 Joshua Berlinger, St-Louis-area
officerJuly
fired after
Facebook
comments
on
http://www.cato.org/raidmap
(last visited
31, 2014).
The
raids are
2014),incidents.’”
available at
Fergusontoprotests,
CNN (Aug.
referred
as an “epidemic
of 30,
‘isolated
Id.
182 See ACLU Launches Nationwide Investigation into Police Use of
http://www.cnn.com/2014/08/29/us/officer-fired-ferguson/.
15 Brian Technology
Stelter, 6 more&journalists
in Ferguson
CNN,
Military
Tactics,arrested
ACLU
(Mar. protests,
6,
2013),
http://www.cnn.com/2014/08/19/us/ferguson-journalists-arrested/ (last updated
https://www.aclu.org/criminal-law-reform/aclu-launches-nationwideAug.
19, 2014).
investigation-police-use-military-technology-tactics
[hereinafter
ACLU
16 Sasha
Goldstein, Investigation].
Suburban St. Louis
cop suspended
threatening
to
Launches
Nationwide
The ACLU
filed moreforthan
225 public
YORK DAILYlaw
NEWS
(Aug. 20,
kill,
pointing
guninat23media
inseeking
Ferguson,
Mo., NEWconcerning
records
requests
states,
information
enforcement
2014,
6:59usePM),
available
at and
http://www.nydailynews.com/news/national/stagencies’
of SWAT
teams,
“cutting edge weapons and technologies.”
louis-area-suspended-threatening-kill-media-ferguson-artic
Id. The ACLU will use the information to recommend legalle-1.1911046.
reform concerning
Szoldra,
supra
note 6.
the 17
use
of military
tactics
and technology by law enforcement agencies. Id.
1502
1498
1168
47 JO HN M ARS HALL L. REV . 1502
1498
1168
Vol. 47:4
also address
different
from the
its predecessors,
federal government’s
particularly
rolesince
in it
militarization
had the benefit
by
examining
of
two yearsthe
of planning.
allocation and expenditure of HSGP grant funds
and Like
the 1033
the Program
shift in conference
equipment scheduling,
transfers. After
othercompleting
changes have
the
taken
investigation,
place within
the committee
the LatCrit
should
entity,
issue
including
a reportconcerted
of its findings
efforts
A
to
andcontinue
recommendations
a process of institutionalization.
to Congress andIn recent
the public.
years,183there
Congressional
investigation,
suchto as
the one
this
has
been a growing
focus on how
capitalize
on proposed
its criticalinniche,
comment,cultivating
can, according
to Senator
Sam Ervin,
act as
a “catalyst
continue
the next
generation
of critical
scholars,
and
that spurs
andofthe
public jurisprudence
to support vital
our
ensure
thatCongress
the baton
outsider
is reforms
passed in
along.
nation’s laws.”
Internally,
the184 organization has shifted, including a gradual
changing of the guard
leadership,Reform
so to speak, as well as a
B. inMeaningful
downsizing in administration. For example, from 2008 to the
present,
the plans
Board of
downsized,
Any
forDirectors
reform was
mustintentionally
first recognize
that with
the
a
growing number
of is
Board
law
militarization
of police
one seats
of the being
most occupied
insidious by
andjunior
pervasive
professors.
threats to6 Americans’ civil rights. 185 Reform must address the
Another major
is at
LatCrit’s
acquisition
a
militarization
problemdevelopment
from all sides
the national,
state, ofand
physical
space for the organization. The property, Campo Sano
local
levels.
(Spanish for “Camp Healthy,” or more literally, “Camp Sanity”), is
ten-acre parcel of land located in Central Florida. 7 Purchased by
1.a National
LatCrit in 2011, the space is home to The Living Justice Center
8 The physical facility serves
and the
Campus.
The LatCrit
flow ofCommunity
grant funds
and military
equipment from the
as a means
“to leveltothe
playing
field governments
and give LatCrit
activists a
federal
government
state
and local
has accelerated
is intended
fighting
chance to beofheard.”
the
militarization
police9 The
by space
facilitating
the formation and
outfitting of SWAT teams and other paramilitary units. Congress’
to serve
as stop
the both
hub the
of flow
theirof educational,
research,
goal should
be to
funds and the
transfer of
advocacy
activism
remedy Congress
the imbalance
equipment.
To and
achieve
thisto result,
shouldandenact
deficiencies
of the
current the
legal
system.
Having
an
legislation
that would
discontinue
HSGP
and 1033
Program.
independent
becomeSections
critical 601-613,
as
The
legislationphysical
should base
repeal has
6 U.S.C.
law and
schools
are fall
evenwithin
less it,
whichuniversities
created theand
HSGP
the increasingly
programs that
including the SHSP, UASI, and LETPP. 186 The legislation should
also repeal 10 U.S.C. Section 2576, which created the 1033
187 Entirely eliminating these programs is the best way to
Program.
Naming
and Launching
a New Discourse of Critical Legal Scholarship, 2
scale
back
flow
of federal dollars and military equipment to
HARV . LATINO the
L. REV
. 1 (1997).
Seelaw
also
LatCrit Biennial
Conferences, LATCRIT: LATINA & LATINO
local
enforcement
agencies.
CRITICAL LEGAL THEORY, INC., http://latcrit.org/content/conferences/latcritbiennial-conferences/ (last visited July 5, 2013) (providing a list of the previous
conferences, and providing direct links to view symposia articles for some
years (found by following the respective year’s link to its corresponding
183 A good example of the national attention that a congressional
webpage).
investigation
is capable
be seen from
Commission
Additionally,
LatCrit of
hasattracting
developedcan
a substantial
bodythe
of 9/11
scholarship
from
Report,
which stand-alone
was reprinted
as a book
andalia
quickly
became a best
seller. Evan
several other
symposia:
inter
the South-North
Exchange,
the
(Feb. 4,LatCrit
2008),
Thomas,
Tragicomic
of the 9/11 Report,
N.Y. TIMES
Study Space
Series, Tale
the International
and Comparative
Colloquia.
ATCRIT: LATCRIT: LATINA & LATINO CRITICAL LEGAL
THEORY,
available
l?_r=0.
Symposia,atLhttp://www.nytimes.com/2008/02/04/books/04thom.htm
INC.,184 Ahttp://latcrit.org/content/publications/latcrit-symposium/
History of Notable Senate Investigations, UNITED STATES
(last SENATE
visited,
http://www.senate.gov/artandhistory/history/common/briefing/Investigations.h
July 5, 2014).
These
include
González,
Freeman,
tm 6(last
visited
JulyProfessors
31, 2014).Marc-Tizoc
Senator Sam
Ervin Andrea
was chairman
of and
the
César Cuahtémoc
García
Watergate
Committee.
Id. Hernández. See About LatCrit, supra note 3 (listing
ACLU Launches
Investigation,
supra
182.
The ACLU’s
the 185
professors
on the Nationwide
LatCrit Board
of Directors
andnote
their
respective
law
advocacy and policy strategist, Allie Bohm, stated that “[t]he militarization of
schools).
Campois Sano,
LAT
RIT: LATINAright
ANDtoLATINO
CRITICAL
THEORY,
local7 police
a threat
toCAmericans’
live without
fear L
ofEGAL
military-style
Iintervention
NC, http://www.latcrit.org/content/campo-sano/
(last visited July 5, 2014).
in their daily lives[.]” Id.
186
8
Id.
6 U.S.C. §§ 603-605, 607 (2012).
187
9
Id.
10 U.S.C. § 2576 (2012).
Vol. 47:4
More Bang for Your Buck
1477
1499
1503
2.fact,
State
“[s]ome veterans of the wars in Afghanistan and Iraq noted
that the cops appeared better-armed and outfitted in middle
The SWAT
America
At the
than
state
thelevel,
GIs had
the goal
beenshould
in thebewar
to promote
zones.” 9 transparency
officers
also brought
with them
a Bearcat
armored because
vehicle, 10
of
law enforcement
activities.
Transparency
is essential
it
similar to accountability
the Mine-Resistant
Ambush
Protectedand,
(“MRAP”)
increases
in police
departments
thus,
vehicles used
American soldiers and Marines in Iraq and
encourages
bestby
practices.
Afghanistan.
Thetransparency
Bearcat, which
costs
$360,000,
much ofthat
the
To promote
states
should
enactand
legislation
body armor,
purchasedagencies
with grant
funds from
Department
requires
law was
enforcement
to produce
and the
publish
annual
188 TheSecurity.
reports11 should
Since describe
2003, the
theSt.frequency
Louis Regional
of the
of Homeland
reports.
Response
deploymentSystem,
of SWAT
a state
teams
agency
and that
otheradministers
paramilitary
DHS
units,
grants,
the
has
circumstances
spent $9.4 justifying
million ofthe
DHS
deployments,
grant fundsand
purchasing
the outcome
equipment
of the
12
for
deployments.
police departments
The reports
in St.
should
Louisalso
County.
describe
the use of no-knock
The end
police
response
in Ferguson justifying
also illustrated
the
warrants
explain
the circumstances
their use.
pervasiveness
of theshould
warrior
mentality.
One Ferguson
police
Finally, the reports
describe
all officer-involved
shootings,
officer
said to the casualties
demonstrators:
it. You
f*****g and
animals,
any attendant
and “Bring
property
damage,
the
Ferguson
police
officer stated in a comment on
bring
it.” 13 Another
circumstances
surrounding
such
occurrences.
Facebook
that “[t]hese
should
be put down
like a rabid
Requiring
law protestors
enforcement
agencies
to report
this
14 In will
the evening
of Augusta 18
and morning
dog
the first to
night.”
information
the state
give lawmakers
clearer
picture of
August
19, 2014, sixproblem.
journalistsThe
werereports
arrestedcould
while be
covering
the militarization
used the
to
15 On
August
19, a team
police deployments
officer in Ferguson
situation
Ferguson.
determine,in for
example,
whether
SWAT
occur
aimed
his rifleor atwithout
peaceful
protestors
and media
members
and
too frequently
good
cause, whether
no-knock
warrants
16
The
officers’
conduct
yelled
“I will f*****g
you, get
are becoming
standardkill
practice,
andback!”
whether
SWAT
teams
cause
epitomizes
“us-versus-them”
warrior
mentality
that
more civilian the
casualties
than the average
police officer.
encourages
police to
officers
treat American
streetsthe
as alegislation
warzone
In addition
the to
reporting
requirement,
and
American
as therecording
enemy. Indeed,
“it seems
that when
some
should
requirecitizens
audiovisual
of police
activities
police
havefor
shed
the forced
blue uniform
and have Audiovisual
put on the
servingofficers
a warrant
which
entry is necessary.
uniform
andofgear
of theserving
military,
bringingwould
the attitude
along with
recordings
officers
warrants
be advantageous
17 to law enforcement agencies and to the public. 189 They could
it.”
both
188 Used
Being
Maryland
by Police
passed
in Ferguson,
a SWATTHE
team
NATION
reporting
(Aug.statute
20, 2014),
in the
available
wake atof a
botched
http://www.thenation.com/article/181315/catalog-ferguson-police-weaponry#.
SWAT raid on the home of the Mayor of Berwyn Heights, Maryland
9 Mark
Thompson,
War
Home:shot.
The See
Militarization
U.S.
during
which
the mayor’s
twoComes
dogs were
supra note of
153.
ThePolice
law,
Forces, into
TIME
(Aug.
19, 2014),
available
at http://time.com/3144818/fergusonsigned
effect
in 2009,
requires
law enforcement
agencies in the state that
police-militarization-pic
tures/.
maintain SWAT teams
to report “specific activation and deployment
10 Szoldra, Law
supraEnforcement,
note 6.
G OVERNOR’S O FFICE OF CRIME CONTROL &
information.”
11 Julie Bosman
PREVENTION
, http://www.goccp.maryland.gov/msac/law-enforcement.php
& Matt Apuzzo, In Wake of Clashes, Calls to Demilitarize
(last
Y.
TIMES
(Aug.
14,
2014),
available
at
Police,
visited JulyN.
31, 2014).
189 See O VERKILL, supra note 114, at 42 (stating that “forced raids should
http://www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashesbe
videotaped,” which would “serve
to clear up any doubts about whether or
calls-to-demilitarize-police.htm
l?_r=0.
Id. knocked and announced themselves or how long they waited
not 12
police
13 Szoldra,
supra noteand
6. entry”). Civilians’ recording of police conduct may
between
announcement
Joshua Berlinger,
St-Louis-area
officer firedSee
after
Facebook
comments
also14encourage
transparency
and accountability.
Dugald
McConnell
& on
30, 2014),
Ferguson
protests,
CNN (Aug.
Brian
Todd,
Eyewitness
to Miami
Beach available
Shooting at
Alleges Police Misconduct,
http://www.cnn.com/2014/08/29/us/officer-fired-ferguson/.
CNN (June 14, 2011, 11:30 AM),
15 Brian Stelter, 6 more journalistslorida.shooting.w
arrested in Ferguson
CNN,
http://www.cnn.com/2011/CRIME/06/07/f
itness/ protests,
(reporting
http://www.cnn.com/2014/08/19/us/ferguson-journalists-arrested/
(last
updated
that Narces Benoit, a witness to a police shooting who used his cell
phone
to
Aug. 19,
2014).
record
police
officers firing into a suspect’s vehicle, was spotted by police
16 Sasha
Goldstein,
Louis
cop suspended
to
officers
who then
chasedSuburban
him back St.
to his
vehicle,
handcuffed for
him,threatening
and
DAILY N
EWS (Aug.
kill,
pointing
gun at media
in Ferguson,
Mo.,
NEW YORK
destroyed
his cellphone).
When
the officers
approached
Benoit’s
vehicle,
they20,
2014,
available
at and
http://www.nydailynews.com/news/national/stpointed6:59
theirPM),
firearms
at Benoit
one officer put a firearm to his girlfriend’s
louis-area-suspended-threatening-kill-media-ferguson-artic
head. Id. Benoit was able to remove the memory card fromle-1.1911046.
his cellphone, but
Szoldra,
supra
note 6. were destroyed as well. Id. The suspect, Raymond
said17that
others’
cellphones
1504
1500
1168
47 JO HN M ARS HALL L. REV . 1504
1500
1168
Vol. 47:4
vindicate from
different
officers
its predecessors,
falsely accused
particularly
of wrongdoing
since 190
it had
in the
serving
benefit
a
of
warrant
two years
andof confirm
planning.honest claims of police abuse made by
recordings
wouldscheduling,
also encourage
practices
civilians.
Like191theThe
shift
in conference
other best
changes
have
among place
policewithin
officersthe
andLatCrit
discourage
theincluding
violent, shoot-first
taken
entity,
concerted tactics
efforts
Theyears,
increased
that
come a with
warrior mentality.
to
continue
processthe
of institutionalization.
In192
recent
there
transparency
and accountability
would
also help
restore
the
has
been a growing
focus on how to
capitalize
on itstocritical
niche,
public’s trust
in the police.
continue
cultivating
the next generation of critical scholars, and
In that
the case
of Joseof Guerena,
for example, the
video, along.
which
ensure
the baton
outsider jurisprudence
is passed
was recordedthe
by organization
an officer near
theshifted,
driveway,
painted aa story
far
Internally,
has
including
gradual
193 What
the video
different from
that
told in
by leadership,
the SWAT so
officers.
changing
of the
guard
to speak,
as well
as a
did not show,
was what
officers saw
downsizing
in however,
administration.
Fortheexample,
from after
2008breaking
to the
down Guerena’s
door.
helmet camera
worn by the
officers inwith
the
present,
the Board
of A
Directors
was intentionally
downsized,
doorway
have ofcaptured
what being
happened
beforebythey
opened
a
growingcould
number
Board seats
occupied
junior
law
professors. 6
Another major development is LatCrit’s acquisition of a
Herisse, was killed after being shot 16 times in a hail of 116 bullets. Julie
physical
space for the organization. The property, Campo Sano
Brown, The Killing of Raymond Herisse: 116 Shots that Shook South Beach,
(Spanish
for “Camp
Healthy,”
or more
(May 25,
2013), available
at literally, “Camp Sanity”), is
MIAMI HERALD
http://www.miamiherald.com/2013/05/25/3417050/the-killing-of-raymonda
ten-acre parcel of land located in Central Florida. 7 Purchased by
herisse.html.
Four bystanders
were
injured,
and Living
it was later
determined
LatCrit
in 2011,
the space
is also
home
to The
Justice
Center
that Herisse
never fired
his weapon
as the officers
claimed.
Id. The
8 Theinitially
physical
facility
serves
and
the LatCrit
Community
Campus.
witness videos contradicted claims by the officers that Herisse was traveling
as
a
means
“to
level
the
playing
field
and
give
LatCrit
activists
a
at a high rate of speed. Id. More than two years after the shooting, the
9 The space is intended
fighting
chance
to
be
heard.”
criminal investigation remains open and none of the officers have been
charged. Exclusive: Victims Recall Being Shot by Cops on SoBe, Still Don’t
(Junehub
24, 2013,
11:29 PM),
Know Why,
CBS MIAMI
to serve
as the
of their
educational, research,
http://miami.cbslocal.com/2013/06/24/exc
advocacy and activism to lusive-victims-recall-being-shot-byremedy the imbalance and
cops-on-sobe-still-dont-know-why/.
of the current legal system. Having an
190 deficiencies
RISE OF THE WARRIOR COP, supra note 109, at 323. Lisha Michelle
independent
physical
critical
as cam
Weaver accused a police
officer in base
Spanishhas
Fort,become
Alabama of
rape. Dash
OLICE O NE .COM
clears universities
Ala. officer and
accused
rape, P
law ofschools
increasingly
are(Sept.
even 18,
less2012),
http://www.policeone.com/policeproducts/investigation/cameras/articles/5984040-Dash-cam-clears-Ala-officeraccused-of-rape/. Weaver claimed that, after the officer arrested her, he pulled
Naming
andthe
Launching
a New
Discourse
of her.
Critical
LegaltheScholarship,
2
over during
drive to the
station
and raped
Id. But
dash camera
H
ARV . showed
LATINO L.
. 1 (1997).
video
theREV
officer
driving straight to the station, stopping only for
ATCRIT: LATINA
& LATINO
Seelights.
also Id.
LatCrit
Biennial
Conferences,
traffic
The officer
was cleared
of any Lwrongdoing,
and Weaver
was
C
RITICALwith
LEGAL
, INC.,Id.http://latcrit.org/content/conferences/latcritcharged
filing T
aHEORY
false report.
191 Askia Sabur was
on charges
of aaggravated
assault,
biennial-conferences/
(lastfound
visitednot
Julyguilty
5, 2013)
(providing
list of the previous
disarming
a police
officer, and
resisting
DiSanto
& Rosemary
conferences,
and providing
direct
links arrest.
to viewLauren
symposia
articles
for some
HILADELPHIA,
Connors,
Man by
Beaten
by Police
of Wrongdoing,
NBC
years (found
following
the Cleared
respective
year’s link to
its Pcorresponding
http://www.nbcphiladelphia.com/news/local/Man-Beat-by-Police-Cleared-ofwebpage).
Wrongdoing-191880261.html
updated
Feb. 19, 2013,
PM). The police
Additionally, LatCrit has (last
developed
a substantial
body7:17
of scholarship
from
officers other
claimed
that Sabursymposia:
was standing
of the door ofExchange,
a restaurant,
several
stand-alone
inter in
aliafront
the South-North
the
and
they
askedthe
himInternational
to move he and
struck
one of the Colloquia.
officers. Id.LatCrit
But a
Studywhen
Space
Series,
Comparative
: Lby
ATCaRIT
: LATINA
& LATINO
CRITICAL
LEGALSabur
THEORY
Symposia,
LATCRIT
cellphone video
shot
witness
showed
the officers
tackling
and,
Ibeating
NC.,
http://latcrit.org/content/publications/latcrit-symposium/
visited
him for at least two and a half minutes with a baton as (last
he shouted
“I
July
2014).
didn’t5,do
nothing wrong.” Id. It took the jury less than an hour to find Sabur
6 These
innocent.
Id. include Professors Marc-Tizoc González, Andrea Freeman, and
192 R
ISE OF THEGarcía
WARRIOR
COP, supra
109,
at 323.supra note 3 (listing
César
Cuahtémoc
Hernández.
See note
About
LatCrit,
See Radley
Jose Guerena’s
Family
Sues Pima
County
over SWAT
the 193
professors
onBalko,
the LatCrit
Board of
Directors
and their
respective
law
Raid Killing, HUFFINGTO N POST,
schools).
7 Campo Sano, LATCRIT: LATINA AND LATINO CRITICAL LEGAL THEORY,
http://www.huffingtonpost.com/2011/08/17/jose-guerena-pima-countyIlawsuit_n_926454.html
NC, http://www.latcrit.org/content/campo-sano/
(last 6:12
visited
July
5, 2014).
(last updated Aug. 17, 2011,
AM)
(stating
that
Id. of the SWAT raid on Guerena’s home raised more questions about
the 8video
Id.
the 9officers’
account of the raid).
Vol. 47:4
More Bang for Your Buck
1477
1501
1505
fact, down
fire
“[s]ome
the veterans
hallway. of
The
thevideo
warswould
in Afghanistan
have dispelled
andmuch
Iraq of
noted
the
controversy
that
the cops
surrounding
appeared Guerena’s
better-armed
deathand
and outfitted
would have
in been
middle
a
9
The SWAT
crucial piece
America
thanof the
evidence
GIs had
in the
been
investigation
in the warthat
zones.”
followed.
officers also brought with them a Bearcat armored vehicle, 10
3.similar
Local to the Mine-Resistant Ambush Protected (“MRAP”)
vehicles used by American soldiers and Marines in Iraq and
Afghanistan.
The Bearcat,
costs
$360,000,
andtomuch
of the
At the local
level, thewhich
primary
goal
should be
change
body armor,
was purchased
withservant
grant funds
from the
Department
warrior
mentality
to a public
mentality.
This
could be
11
Since
the St.
Louis currently
Regional
of Homeland by
Security.
accomplished
eliminating
any2003,
military
training
Response
agency that
administers DHS
conducted System,
by policea state
departments
and discontinuing
the grants,
use of
has
spentweapons,
$9.4 million
of DHSand
grant
funds purchasing equipment
military
equipment,
uniforms.
12
for police
departmentsthe
in use
St. Louis
County.
Discontinuing
of military
training
will be especially
Police officers
Thein police
response
in Ferguson
also194 illustrated
the
effective
combating
the warrior
mentality.
would
no longer
be warrior
trained mentality.
to use excessively
violent police
and
pervasiveness
of the
One Ferguson
aggressive
an enemy.
Ending
police
officers’
use of
officer said tactics
to the against
demonstrators:
“Bring
it. You
f*****g
animals,
Anotherequipment,
Ferguson police
officer stated
in afurther
comment
on
military
weapons,
and uniforms
would
erode
bring it.” 13
Facebook
thatmentality.
“[t]hese protestors
should
be put
down like a rabid
the
warrior
Removing
military
paraphernalia
from
the eveningofficers
of August
18 “accept[ing]
and morningthe
of
dog thedepartments
first night.” 14
police
willIndiscourage
from
and “adopting
the tactics
August
sixforjournalists
were 195
arrested
while covering
the
military 19,
as a2014,
model
their behavior”
196 of the 15
military.
On August 19, a police officer in Ferguson
and mindset”
situation
in Ferguson.
aimed his rifle at peaceful protestors and media members and
yelled “I will f*****g kill
V. you,
CONCLUSION
get back!” 16 The officers’ conduct
epitomizes
the
“us-versus-them”
warrior
mentality
that
encourages
Across police
the United
officers
States,
to treat
police
American
departments
streetsare
as engaged
a warzone
in
an
andarms
American
race fueled
citizensbyasthe
thefederal
enemy.
government.
Indeed, “it DHS
seemsgrants
that some
and
military
police officers
equipment
have shed
giveaways
the blue
areuniform
transforming
and have
theput
American
on the
police
uniformforce.
and gear
Policeof departments
the military, have
bringing
armored
the attitude
vehicles,
along
grenade
with
launchers,
it.” 17
heavy machine guns, ballistic helmets, and tactical
vests. Armed with the tools of war and instilled with a warrior
Being Used by Police in Ferguson, THE NATION (Aug. 20, 2014), available at
http://www.thenation.com/article/181315/catalog-ferguson-police-weaponry#.
194Mark
9
Military
Thompson,
training has
Warbecome
Comes more
Home:effective
The Militarization
at teaching men
of U.S.
to kill.
Police
See
ROSSMAN
, O19,
N K
ILLINGavailable
: THE Pat
SYCHOLOGICAL
COST OF LEARNING
Forces,
DAVE GTIME
(Aug.
2014),
http://time.com/3144818/fergusonSOCIETY 252 (2009)(discussing how the United States
TO K ILL IN WAR AND tures/.
police-militarization-pic
10 Szoldra,
supra
6.
Army
decreased
the note
percentage
of soldiers who did not fire their weapons in
11 Julie
Bosman
Matt percent
Apuzzo, in
In World
Wake of
Clashes,
to Demilitarize
combat
from
about &
eighty
War
II to Calls
only five
percent in
Y.
TIMESArmy(Aug.
2014), this available
at
Police,
N. United
Vietnam).
The
States
was able14,to achieve
by focusing on
http://www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashespsychological
training that overcame the innate resistance that people have to
calls-to-demilitarize-police.htm
killing
another human being.l?_r=0.
Id. at 252-53. Two of the methods used were
12 Id.
desensitization
and conditioning. Id. at 253. In desensitization, people are
13 Szoldra,
supra
trained
to think
of note
the 6.
enemy as different from themselves, as less than
14 Joshua
Berlinger,
St-Louis-area
fired after Facebook
comments
on
human,
or even
as animals.
Id. at officer
254. Conditioning
is possibly
the most
(Aug. 30,
2014), available
at
Ferguson
importantprotests,
aspect C
ofNNmilitary
training,
and develops
“reflexive ‘quick shoot’
http://www.cnn.com/2014/08/29/us/officer-fired-ferguson/.
ability.” Id. at 253-54. This is achieved by using realistic pop-up targets as the
15 Brian stimulus,”
Stelter, 6 and
morethe
journalists
CNN,
“conditioned
immediatearrested
shootinginofFerguson
the targetprotests,
as the “target
http://www.cnn.com/2014/08/19/us/ferguson-journalists-arrested/
(last aupdated
behavior.” Id. at 256. The result of conditioning is to make killing
reflex.
Aug.
With 19,
the2014).
methods and results of military training in mind, it is easy to see
Sasha Goldstein,
St. warrior
Louis cop
suspended
threatening
to
how16 military
training Suburban
creates the
mentality
andfor
why
eliminating
ORKchanging
DAILY NEWS
20,
kill,
pointing
gun at
Ferguson,
NEW Yto
military
training
of media
police inofficers
is Mo.,
essential
the (Aug.
warrior
2014,
6:59 PM), available at http://www.nydailynews.com/news/national/stmentality.
195 WEBER, supra note 101, at 1.
louis-area-suspended-threatening-kill-media-ferguson-artic
le-1.1911046.
196Szoldra,
17
Id. at 2. supra note 6.
1506
1502
1168
47 JO HN M ARS HALL L. REV . 1506
1502
1168
Vol. 47:4
mentality,from
different
police
its officers
predecessors,
now bear
particularly
little resemblance
since it had
to the
what
benefit
they
once
of
twowere.
years Our
of planning.
Founding Fathers would undoubtedly struggle to
differentiate
Like the between
shift in conference
today’s “peace
scheduling,
officers”
otherand
changes
American
have
taken
soldiers.
place within the LatCrit entity, including concerted efforts
to continue
The militarization
a process of of
institutionalization.
police and the prevalence
In recent
of years,
violent there
has
police
been
raids
a growing
undercutfocus
the American
on how totradition
capitalize
of on
civil
itslaw
critical niche,
continue
enforcement
cultivating
and the ancient
the nextprinciple
generation
that ofthecritical
home should
scholars,
be and
ensure
protectedthat
as athe
place
baton
of refuge.
of outsider
Addressing
jurisprudence
the graveisthreat
passedto along.
Internally,
liberty posedthe
by militarization
organization will
has require
shifted,more
including
than legal
a reform.
gradual
changing
As Judge Learned
of the guard
Hand declared:
in leadership,
“Liberty
so to
liesspeak,
in the as
hearts
wellofas a
downsizing
in administration.
For no
example,
from no
2008
men and women;
when it dies there,
constitution,
law, to
no the
present,
Board
of Directors was intentionally downsized, with
court canthe
save
it[.]” 197
a growing number of Board seats being occupied by junior law
professors. 6
Another major development is LatCrit’s acquisition of a
physical space for the organization. The property, Campo Sano
(Spanish for “Camp Healthy,” or more literally, “Camp Sanity”), is
a ten-acre parcel of land located in Central Florida. 7 Purchased by
LatCrit in 2011, the space is home to The Living Justice Center
and the LatCrit Community Campus. 8 The physical facility serves
as a means “to level the playing field and give LatCrit activists a
fighting chance to be heard.” 9 The space is intended
to serve as the hub of their educational, research,
advocacy and activism to remedy the imbalance and
deficiencies of the current legal system. Having an
independent physical base has become critical as
universities and law schools increasingly are even less
Naming and Launching a New Discourse of Critical Legal Scholarship, 2
HARV . LATINO L. REV . 1 (1997).
See also LatCrit Biennial Conferences, LATCRIT: LATINA & LATINO
CRITICAL LEGAL THEORY, INC., http://latcrit.org/content/conferences/latcritbiennial-conferences/ (last visited July 5, 2013) (providing a list of the previous
conferences, and providing direct links to view symposia articles for some
years (found by following the respective year’s link to its corresponding
webpage).
Additionally, LatCrit has developed a substantial body of scholarship from
several other stand-alone symposia: inter alia the South-North Exchange, the
Study Space Series, the International and Comparative Colloquia. LatCrit
Symposia, LATCRIT: LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY,
INC.,
http://latcrit.org/content/publications/latcrit-symposium/
(last
visited
July 5, 2014).
6 These include Professors Marc-Tizoc González, Andrea Freeman, and
César Cuahtémoc García Hernández. See About LatCrit, supra note 3 (listing
the professors on the LatCrit Board of Directors and their respective law
schools).
7 Campo Sano, LATCRIT: LATINA AND LATINO CRITICAL LEGAL THEORY,
INC,197
http://www.latcrit.org/content/campo-sano/
Ray Jenkins, Learned Hand and the Spirit
(lastofvisited
Liberty,
July
THE
5, B
2014).
ALTIMORE
SUN8 Id.
(May 18, 1994), available at http://articles.baltimoresun.com/1994-059 Id.
18/news/1994138163_1_learned-hand-speech-quoted.