UIC 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)

https://repository.law.uic.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*

I. Introduction ...... 14781482 II. Background ...... 14811485 A. The Department of Homeland Security...... 14821486 B. The Homeland Security Grant Program ...... 14861482 1. The State Homeland Security Progr am ...... 14841488 2. The Urban Areas Security Initiative ...... 14881484 3. Operation Stonegarden ...... 14891485 4. Law Enforcement Terrorism Prevention Program ...... 14851489 III. Analysis ...... 14881492 A. Militarization ...... 14881492 1. Armed to the Teeth ...... 14881492 2. Encouraging the Warrior Mentality ...... 14931489 B. What’s So Bad About Warrior Cops? ...... 14911495 1. Mission Creep ...... 14921496 2. Violation of the Castle Doctrine...... 14951499 C. Another L ook at the Shooting of Jose Guer ena ...... 14961500 IV. Proposal ...... 14971501 A. Rec ognizing the Problem ...... 14971501 B. Meaningful Reform ...... 14981502 1. National ...... 14981502 2. State ...... 14991503 3. Local ...... 15051501 V. Conc lusion ...... 15011505

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 eighteen-year-old Michael Brown. 1 While law enforcement

* 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-police- presence--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-revealed-

14791475 148014761168 47 JO HN MARS HALL L. REV. 148014761168 Vol. 47:4 investigateddifferent from the its circumstances predecessors, particularlyof the shooting, since Ferguson it had the residents benefit stagedof two yearsprotests, of planning. which escalated quickly into riots and looting. 2 On theLike night the ofshift August in conference 10, 2014, atscheduling, least a dozen other busin changesesses havewere takenlooted. place Among within these the was LatCrit a QuickTrip entity, including convenience concerted store, effortswhich towas continue looted anda process set on fire.of institutionalization.3 The riots and looting In recent continued years, on there and hasoff for been a week. a growing4 focus on how to capitalize on its critical niche, continue The cultivating police response the next to generationthe violence of incritical Ferguson scholars, included and ensurecommon that riot thecontrol bato nmethods. of outsider Generally, jurisprudence riot control is passed serves along. two Internally,purposes: crowdthe organizationcontrol and crowdhas shifted,dispersal. including Crowd acontrol gradual is changingoften achieved of the by guard kettling, in leadership,a tactic thatso toinvolves speak, policeas well officers as a downsizingwith riot gear in inadministration. formation, using For their example, shields andfrom batons 2008 toto move the present,or contain the theBoard crowd. of Dire ctorsCrowd was dis intentionallypersal, on thedownsized, other hand, with agenerally growing involves number the of useBoard of lessseats-than being-lethal occupied weaponry by tojunior break law up professors.the crowd.6 Police officers frequently use tear gas, flashbang grenades,Another smoke major grenades, development rubber isbullets, LatCrit’s bean -acquisitionbag rounds, ofand a physicalwater cannons space forfor thecrowd organization. dispersal. ThePolice property, officers Campoin Ferguson Sano (Spanishused both for crowd “Camp control Heal thy,”and orcrowd more dispersal literally, methods “Camp Sanity”),at various is atimes ten- acreduring parcel the unrest.of land5 located in Central Florida. 7 Purchased by LatCrit Although in 2011, thesethe spacemethods is home are sometimesto The Living necessary Justice to Center cease andviolence the LatCritand prevent Community it from Campus. spreading,8 The thephysical police facility response serves in Fergusonas a means was “to heavy level- handedthe playing and akinfield toand a givemilitary LatCrit operation. activists On a Augustfighting 11,chance 2014, to abe SWAT heard.” team9 The occupied space isa intendedstreet in Ferguson near the crowd of demonstrators. 6 The SWAT officers wore military camouflageto serve trousers as theand hubcombat of theirboots, educational,both virtually research, identical to those advocacyworn by Unitedand activism States Marines.to remedy7 Theythe imbalancealso wore andhelmets, gas masks,deficiencies and bodyof the armor, current and legalcarried system. the same Having M4 carbinesan used independentby the military physical with Advancedbase has Combatbecome Optical critical Gunsights as (“ACOG’s”)universities and four and to law six schoolsextra magazinesincreasingly on are their even vests. less8 In

missouri-fatal/story?id=24992945. Naming2 Dave and Urbanski, Launching ‘Anything a New We Discourse Want!’: Looting, of Critical Vandalism Legal ReportedScholarship After, 2 VigilHARV .for LATINO Unarmed L. R EV Teen. 1 Fatally(1997). Shot by Police, THE BLAZE (Aug. 10, 2014, 11:24See PM), also http://www.theblaze.com/stories/2014/08/10/anything LatCrit Biennial Conferences, LATCRIT: LATINA-we -want& L-ATINO ClootingRITICAL-vandalism LEGAL -reportedTHEORY-,after INC-.vigil, http://latcrit.org/content/conferences/latcrit-for-unarmed-teen-fatally-shot-by- - biennialpolice/. -conferences/ (last visited July 5, 2013) (providing a list of the previous conferences,3 Vera Culley and providinget al., Businesses direct links damaged to view following sympos iaviolence articles overfor someMike Brown’syears (found death, by FOX2followingNOW .COMthe respective(Aug. 10, year’s2014, link8:45 toPM), its correspondingavailable at http://fox2now.com/2014/08/10/reportwebpage). -michael-brown-protesters-damage- policeAdditionally,-vehicles-on LatCrit-west-florissant/. has developed a substantial body of scholarship from several4 Colby other Itkowitz, stand-alone Timeline symposia: of events inter in alia Ferguson, the South Mo-.,North WASHINGTON Exchange, P OSTthe (Aug.Study 16,Space 2014), Series, available the Internationalat http://www.washingtonpost.com/politics/timeline and Comparative Colloquia. LatCrit- Symposiaof-events-,in L-fergusonATCRIT: -Lmo/2014/08/16/02f37e8cATCRIT: LATINA & LATINO-2580- 11e4CRITICAL-86ca- LEGAL THEORY, I6f03cbd15c1a_story.html.NC., http://latcrit.org/content/publications/latcrit -symposium/ (last visited July5 5,Police 2014). clash with Michael Brown shooting protestors in Ferguson, two reporters6 These briefly include detainedProfessors, F OXMarc N-TizocEWS González,(Aug. 14, Andrea2014), Freeman,available andat Césarhttp://www.foxnews.com/us/2014/08/14/police Cuahtémoc García Hernández. See About-clash LatCrit-with-michael, supra-brown note 3- (listing theshooting professors-protesters on -thein-ferguson LatCrit- twoBoard-reporters/. of Directors and their respective law schools).6 Paul Szoldra, This Is The Terrifying Result Of The Militarization Of Police7 Campo, BUSINESS Sano INSIDER, LATC RIT(Aug.: L 12,ATINA 2014), AND available LATINO atC RITICAL LEGAL THEORY, http://www.businessinsider.com/policeINC, http://www.latcrit.org/content/campo-m ilitar-sano/ ization (last- fergusonvisited July-2014 5,- 8.2014). 78 Id. 89 LyleId. Jeremy Rubin, A Former Marine Explains All the Weapons of War Vol. 47:4 More Bang for Your Buck 14811477 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 of Homeland Security. 11 Since 2003, the St. Louis Regional 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/ferguson- police-militarization-pic tures/. 10 Szoldra, supra note 6. 11 Julie Bosman & Matt Apuzzo, In Wake of Clashes, Calls to Demilitarize Police, N. Y. TIMES (Aug. 14, 2014), available at http://www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashes- calls-to-demilitarize-police.html?_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/st- louis-area-suspended-threatening-kill-media-ferguson-artic le-1.1911046. 17 Szoldra, supra note 6. 148214781168 47 JO HN MARS HALL L. REV. 148214781168 Vol. 47:4 differentThe frompolice its predecessors,response inparticularly Ferguson since has it hadpushed the benefit the ofmilitarization two years of ofplanning. police into the spotlight. Attorney General Eric HolderLike commented the shift oinn theconference martial displayscheduling, in Ferguson, other changes stating: have “At takena time place when within we themust LatCrit seek entityto rebuild, including trust concerted between efforts law toenforcement continue aand process the localof institutionalization. community, I am Indeeply recent concerned years, there that hasthe beendeployment a growing of focusmilitary on howequipment to capitalize and on vehicles its critical sends niche, a continueconflicting cultivating message.” 18the nextOn Augusgenerationt 23, of2014, critical President scholars, Barack and ensureObama thatordered the abato reviewn of outsiderof federal jurisprudence programs thatis passed enable along. law Internally,enforcement theagencies organization to acquirehas shifted, military including equipment a gradual and changingweapons. 19of thePresident guard inObama leadership, remarked so tothat speak, “there as wellis a asbig a downsizingdifference betweenin administration. our military Forand example,our local from law 2008enforc ement,to the present,and we don’tthe Boardwant thoseof Dire linesctors blurred was intentionally . . . That would downsized, be contrary with ato growingour traditions.” number20 of AlthoughBoard seats a review being ofoccupied the HSGP by junior and 1033law professors.Programs 6is a promising start, the lines between military and policeAnother have alreadymajor beendevelopment blurred, andis LatCrit’sthe American acquisition tradition of ofa physicalcivil law enforcementspace for the is waning.organization. The property, Campo Sano (Spanish for “Camp Healthy,” or more literally, “Camp Sanity”), is a ten-acre parcel of landI. locatedINTRODUCTION in Central Florida. 7 Purchased by LatCrit in 2011, the space is home to The Living Justice Center and the “Weapons LatCrit ofCommunity war have Campus. no place8 Theon physicalour streets,” facility declared serves asPresident a means Obama “to level at the playingMinneapolis field andPolice give Department’s LatCrit activists special a fightingoperations chance center. to be21 heard.”The President9 The space was is intended referring to private ownership of semi-automatic rifles, 22 not to the armored vehicles and fullyto serveautomatic as theweapons hub beingof their deployed educational, by police research, departments aroundadvocacy the nation. and 23activism Although to remedythe President’s the imbalance message and was misdirected,deficiencies his wordsof the actually, current and legal unintentionally, system. Having describe an the problemindependent with the escalatingphysical militarizationbase has become of police critical in the asUnited States.universities24 This militarization and law schools has produced increasingly harmful are andeven sometimes less

Naming18 Bosman and Launching& Apuzzo, supraa New note Discourse 11. of Critical Legal Scholarship, 2 HARV19 .Erin LATINO McPike L. R EV& Jessica. 1 (1997). Ravitz, Obama orders review of military equipmentSee also sales LatCrit to police Biennial, CNN, Conferences, LATCRIT: LATINA & LATINO Chttp://www.cnn.com/2014/08/23/politics/militaryRITICAL LEGAL THEORY, INC., http://latcrit.org/content/conferences/latcrit-equipment-police-review/ (last- biennialupdated -conferences/ Aug. 23, 2014). (last visited July 5, 2013) (providing a list of the previous conferences,20 Id. and providing direct links to view symposia articles for some years21 Margaret(found by Talev, following Obama the Says respective Consensus year’s Emerging link onto Gunits correspondingBuyer webpage).Checks, BLOOMBERG (Feb. 4, 2013, 11:00 PM), http://www.bloomberg.com/news/2013Additionally, LatCrit has developed-02 a-04/obama substantial-says body-consensus of scholarship-emerging from- onseveral-gun -buyerother -standchecks.html.-alone symposia: inter alia the South-North Exchange, the Study22 Id. Space Series, the International and Comparative Colloquia. LatCrit Symposia23 See,, e.g.LAT, USCRIT Police: LAT ObtainingCRIT: LATINA Mil itary& L VehiclesATINO C toRITICAL Aid Hunt LEGAL for THEORY, CriminalsINC., http://latcrit.org/content/publications/latcrit, FOXNEWS (Sept. 30, 2013), available at-symposium/ (last visited http://www.foxnews.com/us/2013/09/30/usJuly 5, 2014). -police-obtaining-m ilitary-vehicles- to-aid6 -Thesehunt- forinclude-criminals/ Profe (reportingssors Marc that-Tizoc the González,Dallas County Andrea Sherriff’s Freeman, Office, and Césarthe police Cuahtémoc department García of Murfreesboro, Hernández. See Tenn., About and LatCrit Ohio State, supra University, note 3 (listing theacquired professors MRAP onarmored the LatCrit vehicles Board from theof DirectorsDepartment and of theirDefense). respective law schools).24 See Andrew Becker & G.W. Schulz, Local Police Stockpile High-tech, Combat7 Campo-ready SanoGear,, LCATENTERCRIT: FORLATINA INVESTIGATIVE AND LATINO R EPORTINGCRITICAL L(Dec.EGAL 21, T HEORY2011),, Ihttp://cironline.org/reports/localNC, http://www.latcrit.org/content/campo-police-stockpile-sano/- high (last- techvisited-combat July- ready5, 2014).-gear - 29138 Id.(reporting that federal grant spending has caused a rapid militarization of police9 Id. across the United States). Vol. 47:4 More Bang for Your Buck 148314771479 deadlyfact, “[s]ome results. veterans25 of the wars in Afghanistan and Iraq noted that Josethe Guerena,cops appeared a Marine better and-armed Iraq andCampaign outfitted veteran, in middle lived withAmerica his wifethan and the twoGIs sons had inbeen Tucson, in the Arizona. war zones.”26 On the9 Themorning SWAT of Mayofficers 5, also2011, broughtGuerena with was themsleeping a afterBearcat his armoredtwelve-hour vehicle, night10 similarshift at theto Asarcothe Mine copper-Resistant mine whenAmbush his wifeProtected saw armed (“MRAP”) men outsidevehicles theirused home.by American27 Guerena soldiers awoke andto his Marines wife’s callsin Iraqand andtold Afghanistan. The Bearcat, which costs $360,000, and much of the body armor, was purchased with grant funds from the Department of Homeland Security. 11 Since 2003, the St. Louis Regional 25 Response See, e.g. System,, Corey Williamsa state & agencyEd White, that Aiyana administers Jones, 7-Year DHS-Old Shotgrants, 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 forhttp://www.huffingtonpost.com/2010/05/17/aiyana police departments in St. Louis County.-jones -7-year-old- s_n_578246.html The police (reporting response that a Detroitin Ferguson police officer also shot andillustrated killed a the pervasivenesssleeping 7-year- oldof girl the after warrior throwing mentality. a flash grenade One through Ferguson a window); police officerVirginia saidHennessey, to the Monterey demonstrators: County Agrees “Bring to Pay it. $2.6You Million f*****g in ‘Flashanimals,- ONTEREY OUNTY ERALD bang’ Death13 of Greenfield Man, M C H (Aug. 19, 2013, bring10:19 PM), it.” available Another at Ferguson police officer stated in a comment on Facebookhttp://www.montereyherald.com/localnews/ci_23897554/monterey that “[t]hese protestors should be put down -likecounty a -rabid dogagrees the-pay first-2-6- millionnight.”-flash14 In (reporting the evening that Monterey of August County 18 and will morningpay a $2.6 of Augustmillion settlement 19, 2014, to thesix familyjournalists of 31-year were-old arrestedRogelio Serrato while Jr., covering who was the situationkilled by a firein Ferguson.started when15 theOn Monterey August County19, a police Sherriff’s officer Office in SWAT 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 yelled2011, 6:45 “I PM),will http://boston.cbslocal.com/2011/03/09/daf*****g kill you, get back!” The-man officers’-killed-in -conduct framinghamepitomizes -drugthe-raid -accidentally“us-versus-shot-them”-by- police/warrior (reporting mentality that the shootingthat encouragesdeath of 68-year police-old Eurieofficers Stamps, to treat who wasAmerican shot while streets laying onas thea floorwarzone andwith hisAmerican hands up citizens when a SWAT as the team enemy. member Indeed, moving “itto secureseems Stamps that some stumbled and discharged his firearm, was accidental); Michael McLaughlin, policeAndrew officers Messina’s have Parents shed Talk the about blue SWAT uniform Team Killingand haveTeen input Atlanta on the uniformSuburb, H UFFINGand gear TO N ofP OSTthe, military, bringing the attitude along with http://www.huffingtonpost.com/2012/10/28/andrewit.”17 -messinas-parents-sw at- team-kill-teen-atlanta_n_2034198.html (last updated Oct. 29, 2012) (reporting on the parents of Andrew Messina, a 16-year-old boy who was killed by a BeingSWAT U teamsed by sniper Police at in the Ferguson family home, THE NwhenATION he (Aug. brandished 20, 2014), a .357 available magnum at http://www.thenation.com/article/181315/catalogand threatened to commit suicide, who criticized- ferguson the police-police for the-weaponry#. aggressive tactics9 Mark used Thompson,against their War son); Comes Corey Home:Mitchell The & RandyMilitarization Furst, Botched of U.S. Raid Police ForcesCosts Minneapolis, TIME (Aug. $1 19, Million 2014),, S TARavailable TRIBUNE at ,htt p://time.com/3144818/ferguson- policehttp://www.startribune.com/local/135343023.html?page=all&prepage=1&c=y#c-militarization-pic tures/. ontinue10 Szoldra, (last updated supra note Dec. 6. 9, 2011, 9:56 PM) (reporting that Rickia Russell would11 Juliereceive Bosman a one million& Matt dollarApuzzo, settlement In Wake forof injuriesClashes, sheCalls suffered to Demilitarize when a MinneapolisPolice, N. police Y. SWAT T IMESteam which(Aug. was executing14, 2014),a search warrantavailable at at Russell’shttp://www.nytimes.com/2014/08/15/us/ferguson home threw a flash-bang grenade that- missouridetonated-in near-wake Russell’s-of-clashes legs- andcalls -causedto-demilitarize third and-police.html?_r=0. fourth-degree burns to her leg). 2612 RadleyId. Balko, Jose Guerena Killed: Arizona Cops Shoot Former Marine in Botched13 Szoldra, Pot supra Raid, noteHUFFINGT 6. O N POST, http://www.huffingtonpost.com/2011/05/25/jose14 Joshua Berlinger, St-Louis-area officer fired-guerena after- Facebookarizona- comments on Ferguson_n_867020.html protests (last, CNN updated (Aug. 30,Aug. 2014), 19, 2011,available 5:44 atPM) [hereinafter Jose http://www.cnn.com/2014/08/29/us/officerGuerena Killed]. Guerena’s four-year-old- firedson was-ferguson/. home at the time, but his six-year15 Brian-old sonStelter, was at6 school.more journalists Id. arrested in Ferguson protests, CNN, http://www.cnn.com/2014/08/19/us/ferguson27 Ellen Tumposky, Arizona SWAT Team-journalists Defends Shooting-arrested/ Iraq (last Vet updated 60 Aug.Times 19,, ABC 2014). NEWS (May 20, 2011), available at http://abcnews.go.com/US/tucson16 Sasha Goldstein, Suburban-swat St. -Louisteam- defencop suspendedds-shooting for-iraq threatening-mar ine- to kill,veteran/story?id=13640112. pointing gun at media in Tumposky’s Ferguson, articleMo., N EWincorrectly YORK D AILYreported NEWS that (Aug. 20, 2014,Guerena 6:59 was PM), shot sixtyavailable times, at but http://www.nydailynews.com/news/national/st an autopsy report later revealed that he - louiswas -onlyarea shot-suspended twenty--threateningthree times.- killSee-media Jose Guerena-ferguson Killed-artic le, supra-1.1911046. note 25 (reporting17 Szoldra, that supra an autopsy note 6. confirmed Guerena had been shot only 23 times). 148414801168 47 JO HN MARS HALL L. REV. 148414801168 Vol. 47:4 herdifferent to hide from in its a predecessors,closet with their particularly son. 28 Guerena since it hadarmed the himselfbenefit ofwith two hisyears AR of-15 planning.29 and prepared to defend his family from the unidentifiedLike the armed shift menin conference breaking scheduling,into his home. other In changes a matter have of takenseconds, place30 the within Pima theCounty LatCrit SWAT entity Team, including forced itsconcerted way through efforts tothe continue door and a processfired seventy of institutionalization.-one rounds into Inthe recent home. years,31 Guerena there haswas beenhit twenty a growing-three focustimes. on32 how to capitalize on its critical niche, continueAs Guerenacultivating lay thedying next on generation the floor, ofhis critical wife scholars,called 911 and to ensurerequest thatmedical the batoassistancen of outsider for herjurisprudence husband. 33is Althoughpassed along. an Internally,ambulance arrivedthe organization quickly, officers has shifted,did not allowincluding paramedics a gradual into changingthe home ofuntil the they guard secured in leadership, the scene moreso to thanspeak, an ashour well later. as 34a downsizingBy that time, in Guerena administration. had bled toFor death. example,35 from 2008 to the present,The thePima Board County of Dire Sheriff’sctors wasDepartment intentionally was forceddownsized, to retract with aits growinginitial claimnumber that of Guerena Board seatsfired firstbeing after occupied evidence by showedjunior lawhis professors.rifle was 6never fired and still had the safety engaged when he died. Another36 It was majoralso discovered development that theis SWATLatCrit’s Team acquisition used flashbang of a physicalgrenades spacein the for backyard the organization. of Guerena’s The home property, as a distraction.Campo Sano37 (SpanishThis likely for caused “Camp confusion Healthy,” in or the more moments literally, before “Camp the Sanity”),shooting. 38is aThe ten -SWATacre parcel team of was land evidently located in executing Central Florida.a search7 Purchased warrant forby LatCritmarijuana. in 392011, However, the space Guerena is home had tono The prior Living convictions Justice and Center the andSWAT the TeamLatCrit found Community no evidence Campus. of 8wrongdoing The physical in facilitythe home. serves40 as a means “to level the playing field and give LatCrit activists a fighting chance to be heard.”9 The space is intended 28 Tumposky, supra note 27. 29 Joseto Guerenaserve as Killed the, supra hub note of 25.their educational, research, 30 Radleyadvocacy Balko, and Family activism of Jose Guerena,to remedy Former the Marine imbalance Killed byand SWAT Team, to Receive $3.4 Million, HUFFINGT O N POST, http://www.deficiencieshuffingtonpost.com/2013/09/26/jose of the current legal-guerena_n_3988658.html system. Having an (last updatedindependent Sept. 26, 2013, physical12:27 PM) [hereinafterbase has Familybecome of Jose critical Guerena as]. A video ofuniversities the SWAT Team and raid law on schoolsGuerena’s increasingly house showed arethat even only aboutless 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, WNamingIRED (May and 30,Launching 2011, 1:00 a PM),New Discourse of Critical Legal Scholarship, 2 Hhttp://www.wired.com/dangerroom/2011/05/drugARV. LATINO L. REV. 1 (1997). -raid-turns-ug ly-as-swat-guns- downSee-marine also -vet/.LatCrit Biennial Conferences, LATCRIT: LATINA & LATINO CRITICAL32 Jose GuerenaLEGAL TKilledHEORY, supra, INC .note, http://latcrit.org/content/conferences/latcrit 25. - biennial33 Tumposky,-conferences/ supra (last note visited 27. July 5, 2013) (providing a list of the previous conferences,34 Id. Michael and Storie,providing an attorneydirect links for theto viewpolice symposunion, iadefended articles the for SWAT some yearsTeam’s (found decision, by claimingfollowing that the the respective Team did year’s not knowlink tohow its manycorresponding shooters webpage).were inside and had to assume that it would be ambushed upon entering the home.Additionally, Jose Guerena LatCrit Killed has, developedsupra note a 25.substantial This explanation body of scholarshipis unconvincing, from severalthough, otherbecause stand the- aloneessential symposia: purpose inter of SWAT alia the Teams South is- Northto subdue Exchange, dangerous the suspectsStudy Space and secureSeries, the the premises International quickly. andId. Comparative Colloquia. LatCrit Symposia35 Tumposky,, LATC RITsupra: L ATnoteCRIT 27.: LATINA & LATINO CRITICAL LEGAL THEORY, INC.36, Josehttp://latcrit.org/content/publications/latcrit Guerena Killed, supra note 25. -symposium/ (last visited July37 5, Family 2014). of Jose Guerena, supra note 30. 386 TheseId. include Professors Marc-Tizoc González, Andrea Freeman, and César39 JoseCuahtémoc Guerena García Killed ,Hernández. supra note 25.See About LatCrit, supra note 3 (listing the 40professors Id. The police on the union’s LatCrit lawyer, Board Michael of Directors Storie, announced and their thatrespective the SWAT law schools).Team recovered firearms, body armor, and part of a law enforcement uniform. Id. 7The Campo Guerena Sano family’s, LATC RITattorney,: LATINA Chris AND Scileppi, LATINO noted CRITICAL that theLEGAL firearms THEORY and, IbodyNC, http://www.latcrit.org/content/campoarmor are both legal to own in Arizona.-sano/ Id. (last He visited also pointed July 5, out 2014). that the partial8 Id. law enforcement uniform consisted of only a border patrol cap, which is easy9 Id.to obtain and legal to own. Id. Vol. 47:4 More Bang for Your Buck 148514771481

Guerena’sfact, “[s]ome story veterans is a oftragic the warsexample in Afghanistanof the damage and inflictedIraq noted by thatpolice theusing cops militaryappeared equipmentbetter-armed andand tacticsoutfitted even in middlewhen unwarranted.America than the GIs had been in the war zones.” 9 The SWAT officersIn Partalso II,brought this com withment them discusses a Bearcat the creation armored and purposevehicle, 10of similarthe Department to the ofMine Homeland-Resistant Security Ambush (“DHS”), Protected the Homeland(“MRAP”) Securityvehicles Grantused byProgram American (“HSGP”), soldiers and and the MarinesDepartment in ofIraq Defense and ExcessAfghanistan. Property The ProgramBearcat, which(“1033 costsProgram”). $360,000, In and Part much III, of thisthe commentbody armor, analyzes was purchased how the withDHS, grant HSGP, funds and from 1033 the Program Department have fueledof Homeland the militarization Security. 11 ofSince police, 2003, and the why St. militarizationLouis Regional is Responseproblematic. System, Finally, a statein Part agency IV, this that comment administers presents DHS a pathgrants, to hasdemilitarization. spent $9.4 million of DHS grant funds purchasing equipment for police departments in St. Louis County. 12 The police responseII. B ACKGROUNDin Ferguson also illustrated the pervasiveness of the warrior mentality. One Ferguson police officerThe said terrorist to the demonstrators:attacks of September “Bring it. 11, You 2001, f*****g highlighted animals, bringAmerica’s it.”13 Anothervulnerability Ferguson to police terrorism. officer stated The in a commentIntelligence on FacebookAuthorization that Act“[t]hese for protestorsFiscal Year should 2003 be createdput down The like National a rabid dogCommission the first onnight.” Terrorist14 In theAttacks evening Upon of Augustthe United 18 and States morning (“9- 11of AugustCommission”). 19, 2014,41 The six journalists9-11 Commission were arrested was formed while tocovering determine the howsituation the inSeptember Ferguson. 11th15 On attacks August happened 19, a police and officer how inthe Ferguson United Statesaimed hiscould rifle avoid at peacefulsuch attacksprotestors in andthe mediafuture. members42 The 9and-11 yelledCommission “I will f*****gfound thatkill you,the getattacks back!” 16 revealed The officers’ failures conduct in epitomizes“imagination, thepolicy, “us capabilities,-versus-them” and management.”warrior mentality43 To address that theencourages failure inpolice imagination, officers to according treat American to the 9streets-11 Commission, as a warzone the Unitedand American States neededcitizens toas find the aenemy. way to Indeed,“bureaucratiz[e]” “it seems thatthe usesome of imagination.police officers44 haveIn analyzing shed the theblue failure uniform in management,and have put the on 9the-11 uniformCommission and gearcompared of the themilitary, existing bringing federal the agencies attitude toalong medical with it.”specialists17 in a hospital “ordering tests, looking for symptoms, and 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/ferguson- police41 -Intelligencemilitarization Authorization-pic tures/. Act for Fiscal Year 2003, Pub. L. No. 107-306, § 601,10 Szoldra,116 Stat. supra 2383 note(2003). 6. 4211 NJulieAT’L BosmanCOMM’N &ON Matt TERRORIS Apuzzo, T AInTTACKS Wake ofU PONClashes, THE CallsU.S., toTHE Demilitarize 9-11 CPoliceOMMISSION, N. REPORTY. xvT (2004),IMES available(Aug. at 14, 2014), available at http://govinfo.library.unt.edu/911/rehttp://www.nytimes.com/2014/08/15/us/ferguson port/911Report.pdf-missouri [hereinafter-in-wake-of -TclashesHE 9-11- CcallsOMMISSIO-to-demilitarizeN REPORT-police.html?_r=0.]. Specifically, the 9-11 Commission’s was to report: the facts12 andId. causes of the September 11th attacks, the circumstances surrounding13 Szoldra, the supra attacks, note the6. level of preparedness for the attacks, the response14 Joshua to the Berlinger, attacks, theSt-Louis Commission’s-area officer own fired recomm after endationsFacebook for comments on Fergusonpreventing protests future, terroristCNN (Aug. attacks. 30, 2014), Intelligence available Authorization at Act for Fiscal http://www.cnn.com/2014/08/29/us/officerYear 2003, Pub. L. No. 107-306, § 602, 116-fired Stat.-ferguson/. 2383 (2003). 4315 TBrianHE 9- 11Stelter, COMMISSION 6 more journalistsREPORT, supra arrested note in42, Fergusonat 339. protests, CNN, http://www.cnn.com/2014/08/19/us/ferguson44 Id. at 344. The 9-11 Commission, while-journalists admitting-arrested/ that imagination(last updated is notAug. commonly 19, 2014). associated with bureaucracies, determined that it is “crucial to find16 a Sashaway of Goldstein, routinizing, Suburban even bureaucratizing, St. Louis cop suspendedthe exercise for of threatening imagination.” to Id.kill, pointing gun at media in Ferguson, Mo., NEW YORK DAILY NEWS (Aug. 20, 2014,45 Id.6:59 at PM),353. Theavailable 9-11 Commissionat http://www.nydailynews.com/news/national/st Report also noted that action officers- failedlouis- areato share-suspended information-threatening or pool-kill analysis.-media -Id.ferguson Exchanges-artic leof- 1.1911046.information were often17 lostSzoldra, between supra divides note 6. separating foreign and domestic agencies. Id. 148614821168 47 JO HN MARS HALL L. REV. 148614821168 Vol. 47:4 different fromA. itsThe predecessors, Department particularly of Homeland since Security it had the benefit of two years of planning. LikeIn response the shift to thein conferenceSeptember scheduling,11th terrorist other attacks, changes President have takenGeorge placeW. Bushwithin issued the LatCritExecutive entity Order, including 13228, concertedestablishing efforts the toOffice continue of Homeland a process Security. of institutionalization.46 The mission ofIn thisrecent new years, Office there was hasto develop been a and growing implement focus ona nationalhow to capitalizestrategy toon secure its critical the Unitedniche, continueStates from cultivating future terrorist the next attacks. generation47 of critical scholars, and ensureCongress that the recognized baton of thatoutsider homeland jurisprudence security is effortspassed atalong. the Internally,time were “dispersed,the organization disorganized, has shifted,and dysfunctional.” including a Congressgradual changingalso understood of the that,guard to inaddress leadership, the threat so to ofspeak, domestic as terrorism,well as a downsizingthey needed into becomeadministration. “coherent, For consolidated, example, fromand coordinated.”2008 to the48 present,To meet thethese Board goals, of CongressDirectors enacted was intentionally the Homeland downsized, Security with Act aof growing2002 (“Homeland number ofSecurity Board Act”).seats 49being The occupiedHomeland by Security junior lawAct professors.officially created6 the Department of Homeland Security (“DHS”)50 for theAnother purposes major of developmentpreventing, reducingis LatCrit’s vulnerability acquisition to, ofand a physicalassisting spacein recovery for the from organization. terrorist attacks The inproperty, the United Campo States. Sano51 (SpanishFrom for the “Camp time Healwhenthy,” DHS or morewas establishedliterally, “Camp until Sanity”),October ofis a2013, ten -acreDHS parcel absorbed of land twenty located-two indifferent Central departments,Florida. 7 Purchased including by theLatCrit United in 2011, States the spaceCoast is homeGuard, to Thethe Living Immigration Justice Center and Naturalizationand the LatCrit Service, Community and Campus.the Federal8 The Emergency physical facilityManagement serves Agency.as a means52 As “to of l evel2013, the DHS playing wa sfield the andthird give largest LatCrit cabinet activists-level a department,fighting chance with to bemore heard.” than9 The 240,000 space isemployees intended53 and a 2013 budget of fifty-nine billion dollars. 54 to serve as the hub of their educational, research, advocacyB. Theand Homelandactivism toSecurity remedy Grant the Programimbalance and deficiencies of the current legal system. Having an independentThe 9-11 Commission physical Report,base 55has released become on Julycritical 22, 2004,as 56 universities and law schools increasingly are even less

46 Exec. Order No. 13228, 66 Fed. Reg. 51,812 (Oct. 8, 2001). Naming47 Id. and§ 2. Launching a New Discourse of Critical Legal Scholarship, 2 HARV48 .S LTAFFATINO OF L. S. R GEVOVERNMENTAL. 1 (1997). AFFAIRS COMM., 107TH CONG., THE CASESee F ORalso THE LatCrit HOMELAND Biennial SECURITY Conferences DEPARTME, LAT NTC RIT1 (2001),: LATINA available & L atATINO http://handy.gslsolutions.com/gov/senate/hsgac/public/_archive/081202dhsendoCRITICAL LEGAL THEORY, INC., http://latcrit.org/content/conferences/latcrit- rsedgac.pdf.biennial-conferences/ (last visited July 5, 2013) (providing a list of the previous conferences,49 Pub. L. andNo. 107providing—296, 116direct Stat. links 2135 to (codified view sympos as amendedia articles at 6 U.S.C.for some §§ years101 to 613(found (2012)). by following the respective year’s link to its corresponding webpage).50 6 U.S.C. § 111(a) (2012). 51Additionally, 6 U.S.C. § 111(b)(1)LatCrit has (2012). developed a substantial body of scholarship from several52 other DEPARTMENT stand-alone OF symposia: HOMELAND inter aliaSECURITY the South, Who-North Joined Exchange, DHS the, http://www.dhs.gov/whoStudy Space Series, the-joined International-dhs (last visitedand Comparative July 30, 2014). Colloquia. LatCrit Symposia53 , D EPARTMENTLATCRIT: L ATCOFRIT : LATINAHOMELAND & L ATINOSECURITY CRITICAL, LAboutEGAL THEORYDHS, Ihttp://www.dhs.gov/aboutNC., http://latcrit.org/content/publications/latcrit-dhs (last visited July 30,-symposium/ 2014). (last visited July54 5, Shaun 2014). Waterman, Homeland Security Budget Tops $59 Billion, WASH. TIMES6 These (Feb. 13,include 2012), Profe availablessors Marcat -Tizoc González, Andrea Freeman, and Césarhttp://www.washingtontimes.com/news/2012/ Cuahtémoc García Hernández. See Aboutfeb/13/homeland LatCrit, supra-security note -3budget (listing- thetops -professors59-billion/. on the LatCrit Board of Directors and their respective law schools).55 Richard Posner published an article in The New York Times, in which he both7 praisedCampo andSano criticized, LATCRIT the: L9ATINA-11 Commission AND LATINO Report. CRITICAL Richard LEGAL Posner, THEORY The, I9/11NC, http://www.latcrit.org/content/campo Report: A Dissent, N.Y. TIMES-sano/ (Aug. (last 29,visited 2004), July 5,avail 2014).able at http://www.nytimes.com/2004/08/29/books/review/29POSNERL.html.8 Id. Posner praised9 Id. the 9-11 Commission Report for its prose, riveting narrative, and Vol. 47:4 More Bang for Your Buck 148714771483 providedfact, “[s]ome a numberveterans of therecommendations wars in Afghanistan intended and toIraq protect noted thatagainst the andcops prepareappeared forbetter terrorist-armed andattacks. outfitted57 The in middleReport Americaacknowledged than ongoingthe GIs problemshad been within the the war allocation zones.” 9of “[h]omelandThe SWAT securityofficers alsoassistance” brought58 withand themrecommended a Bearcat that armored the assistancevehicle, 10 similar“supplement to thestate Mineand -Resistantlocal resources Ambush based Protected on the (“MRAP”)risks or vulnerabilitiesvehicles used thatby Americanmerit additional soldiers support.” and Marines59 in Iraq and Afghanistan.Congress Thesubsequently Bearcat, which costspassed $360,000, the andImplementing much of the Recommendationsbody armor, was purchasedof the 9/11 with Commissiongrant funds fromAct theof 2007Department (“9/11 Act”).of Homeland60 The 9/11Security. Act 11 created Since the2003, Homeland the St. SecurityLouis R egionalGrant ProgramResponse61 System, (“HSGP”) a stateas a agencymechanism that foradministers allocating DHS DHS grants, grant funds.has spent The $9.4 HSGP million is managedof DHS grant by FEMAfunds purchasingand comprises equipment three separatefor police grant departments programs: in St. the Louis State County. Homeland12 Security Program (“SHSP”), The thepolice Urban response Areas inSecurity Ferguson Initiative also illustrated(“UASI”), andthe Operationpervasiveness Stonegarden of the warrior(“OPSG”). mentality.62 These grantOne programsFerguson direcpolicet federalofficer saidfunds to tothe state demonstrators: and local “Bringgovernments it. You63 f*****gpursuant animals, to the programs’bring it.”13 assigned Another purposes.Ferguson64 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 Augustforthrightness, 19, 2014, even sixcalling journalists it an “improbable were arrested literary whiletriumph.” covering Id. Posner the situationcriticized the in report, Ferguson. however,15 On for Augustits inclusion 19, ofa recommendations.police officer in FergusonId. Posner suggests that the 9-11 Commission was incorrect in concluding that the aimedattacks resultedhis rifle from at failurespeaceful in protestorsthe intelligence and and media security members apparatus. and Id. 16 yelledPosner “Iargues will f*****gthat the kill9-11 you, Commission get back!” Report’s The narr officers’ative pointsconduct to epitomizessomething else: the that it“us is nearly-versus impossible-them” towarrior prevent somethingmentality that hasn’tthat encouragespreviously occurred. police officersId. Posner to treat also Americancriticized thestreets 9-11 as Commission’sa warzone andinsistence American on unanimity, citizens which as the “deprives enemy. decision Indeed, makers “it seems of a fullthat range some of 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 CuniformOMMISSION and R gearELEASES of theUNANIMOUS military, F INALbringing REPORT the 1attitude (2004), availablealong with at it.”http://govinfo.library.unt.edu/911/press/pr_200417 -07-22.pdf. 57 THE 9-11 COMMISSION REPORT, supra note 42, at 383. 58 Id. at 396. Being59 Id.Used by Police in Ferguson, THE NATION (Aug. 20, 2014), available at http://www.thenation.com/article/181315/catalog60 Implementing Recommendations of the -9/11ferguson Commission-police-weaponry#. Act of 2007, Pub.9 L.Mark No. 110Thompson,-52, 121 Stat.War 266Comes (codified Home: in The scattered Militarization sections ofof 6 U.S.U.S.C.). Police Forces61 6, U.S.C.TIME (Aug.§ 603 (2012).19, 2014), available at http://time.com/3144818/ferguson- police62 -militarizationFY 2013 Homeland-pic tures/. Security Grant Program, FED. EMERGENCY MGMT. AGENCY10 Szoldra,, suprahttp://www.fema.gov/fy note 6. -2013-homeland-security-grant-program- hsgp11- 0Julie (last Bosmanvisited July& Matt 31, 2014).Apuzzo, In Wake of Clashes, Calls to Demilitarize Police63 ,6 U.S.C.N. §§ Y.604, 605TIMES (2012). The(Aug. Implementing 14, 2014), Recommendations available of theat http://www.nytimes.com/2014/08/15/us/ferguson9/11 Commission Act of 2007 states that the -missionmissouri of-in -bothwake the-of -clashesSHSP and- UASIcalls-to -isdemilitarize to assist- police.html?_r=0.“in preventing, preparing for, protecting against, and responding12 Id. to acts of terrorism.” Id. § 604(a). The programs differ, however, in where13 Szoldra, they direct supra this note assistance. 6. The SHSP targets State, local, and tribal governments,14 Joshua Berlinger,id. § 605(a), St -whereasLouis-area the officer UASI fired targ etsafter high Facebook-risk urban comments areas, onid. Ferguson§ 604(a). protests, CNN (Aug. 30, 2014), available at http://www.cnn.com/2014/08/29/us/officer64 Oklahoma Republican Senator Tom-fired Coburn-ferguson/. brought national attention to the15 BrianHSGP Stelter, when he6 morealleged journalists that UASI arrested grant funds in Ferguson were spent protests wastefully., CNN, http://www.cnn.com/2014/08/19/us/fergusonCaroline May, Homeland Security Grants-journalists Went -toarrested/ ‘Zombie (last Apocalypse’ updated TraininAug. 19,g 2014)., D AILY CALLER (Dec. 5, 2012, 1:47 PM), http://dailycaller.com/2012/12/05/homeland16 Sasha Goldstein, Suburban St. Louis-security cop suspended-grants-went for-to threatening-zombie- to kill,apocalypse pointing-training/. gun at Themedia DHS in Ferguson,determined Mo. that, NEW grant YORK funds DAILY could NEWS be (Aug.used 20,for 2014,a $1000 6:59 entry PM), fee available to a HALO at http://www.nydailynews.com/news/national/st Counter-Terrorism Summit. TOM COBURN-, louisSAFETY-area A-Tsuspended ANY PRICE-threatening: ASSESSING-kill- mediaTHE -IfergusonMPACT OF-artic HOMELAND le-1.1911046. SECURITY SPENDING17 Szoldra, supraIN noteU.S. 6. CITIES 24-25 (2012), available at 148814841168 47 JO HN MARS HALL L. REV. 148814841168 Vol. 47:4

different from its predecessors, particularly since it had the benefit 1.ofThe two Stateyears Homelandof planning. Security Program Like the shift in conference scheduling, other changes have takenThe place SHSP within allocates the LatCrit federal entity funds, includingto assist concertedstate and efforts local togovernments continue a inprocess “preventing, of institutionalization. preparing for, protecting In recent against,years, there and hasresponding been a togrowing acts of focus terrorism.” on how65 toEach capitalize state may on its apply critical for grantsniche, continueunder the cultivating SHSP. 66 Inthe its next application, generation a ofstate critical must scholars, include: andthe ensurepurpose thatfor seekingthe bato then offunds, outsider a justification jurisprudence for needingis passed the along.funds Internally,to meet its thetarget organization capabilities, hasa plan shifted, for allocating including funds a gradualto local changinggovernments of theand guardIndian in tribes, leadership, and aso budget to speak, for asspending well as the a downsizingfunds. 67 in administration. For example, from 2008 to the present, In fiscalthe Board year of2013, Dire thectors SHSP was hadintentionally available downsized,funding of $354with amillion. growing68 State number recipients of Board of SHSP seats grant being funds occupied must bymake junior at leastlaw professors.eighty percent6 of the grant funds available to local and tribal governments.Another 69major development is LatCrit’s acquisition of a physical space for the organization. The property, Campo Sano 2.(SpanishThe Urban for “CampAreas Security Healthy,” Initiative or more literally, “Camp Sanity”), is a ten-acre parcel of land located in Central Florida. 7 Purchased by LatCritThe in purpose 2011, theof the space UASI is homeis to assistto The “high Living-risk Justice urban Centerareas” inand preparing the LatCrit for Communityand preventing Campus. terrorist8 The acts. physical70 Each facility fiscal serves year, theas aAdministrator means “to level of FEMAthe playing71 must field conduct and give an LatCritinitial assessmentactivists a offighting “the relativechance tothreat, be heard.” vulnerability,9 The space and is intendedconsequences from acts of terrorism faced by each eligible metropolitan area.” 72 An initial assessmentto serve incl udesas the consideration hub of their of certain educational, enumerated research, factors 73 and advocacyany relevant and activisminformation to remedy submitted the imbalanceby the andeligible metropolitandeficiencies area. of74 theAfter current reviewing legal system.the assessment,Having an the Administratorindependent must physical designate base high has-risk become urban criticalareas thatas are universities and law schools increasingly are even less

http://www.coburn.senate.gov/public/index.cfm?a=Files.Serve&File_id=b86fda ebNaming-86ff-4d19 and- a112Launching-415ec85aa9b6. a New TheDiscourse summit of wasCritical held Legalat a resortScholarship and spa, 2 andHARV featured. LATINO aL. zombie REV. 1 (1997).apocalypse demonstration. Id. In his report, Senator CoburnSee alsohighlighted LatCrit other Biennial examples Conferences of HSGP, Lwaste,ATCRIT :such LATINA as Indianapolis’& LATINO purchaseCRITICAL LofEGAL a $69,000THEORY , hovercraft,INC., http://latcrit.org/content/conferences/latcrit Columbus’ purchase of a $98,000- underwaterbiennial-conferences/ robot (which (last wasvisited used July to 5,rec 2013)over (providinga $2 million a ‘sunkenlist of the treasure’), previous andconferences, Kleberg County’sand providing purchase direct of two links 2011 to Camaros. view sympos Id. atia 24 articles-28. for some years65 6(found U.S.C. §by 605 following (2012). the respective year’s link to its corresponding webpage).66 Id. § 605(b)(1). 67Additionally, Id. § 605(b)(2). LatCrit has developed a substantial body of scholarship from several68 F EDother. EMERGENCY stand-alone M GMTsymposia:. AGENCY inter, supraalia the note South 62. -North Exchange, the Study69 6 SpaceU.S.C. Series,§ 605(c)(1)(a) the International (2012). and Comparative Colloquia. LatCrit Symposia70 Id. §, 6L04(a).ATCRIT : LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY, INC.71, Seehttp://latcrit.org/content/publications/latcrit id. § 601(1) (defining the term “Administrator”-symposium/ as “the (lastAdministrator visited Julyof the 5, Federal 2014). Emergency Management Agency”). 726 TheseId. § 604(b)(2)(A). include Profe ssors Marc-Tizoc González, Andrea Freeman, and César73 TheCuahtémoc initial assessment García Hernández. takes into See consideration About LatCrit other, supra factors, note including: 3 (listing the professorsmetropolitan on area’s the LatCritpopulation, Board the of area’s Directors population and their density, respective the area’s law schools).history of threats, the threat’s seriousness, the current threat assessments, the 7 area’sCampo distance Sano, fromLATC anRIT :international LATINA AND border LATINO or CinternationalRITICAL LEGAL waters, THEORY the, Iarea’sNC, http://www.latcrit.org/content/campo role in responding to acts of terrorism-sano/ in (last nearby visited jurisdictions, July 5, 2014). and the other8 Id. factors specified by the Administrator. Id. § 608(a)(1)(A)-(H), (K). 749 Id. Id. § 604(b)(2)(B)(i) (2012). Vol. 47:4 More Bang for Your Buck 148914771485

eligiblefact, “[s]ome to apply veterans for ofgrants the warsunder in Afghanistanthe UASI. 75 andCongressional Iraq noted politicsthat the have cops also appeared played a partbetter in-armed the allocation and outfitted of UASI ingrants, middle as politiciansAmerica than lobby the to GIsget fundshad been for theirin the communities. war zones.”769 In The fiscal SWAT year officers2013, the also UASI brought had available with them funding a ofBearcat more than armored $558 million.vehicle,7710 similar to the Mine-Resistant Ambush Protected (“MRAP”) 3.vehiclesOperation used Stonegarden by American soldiers and Marines in Iraq and Afghanistan. The Bearcat, which costs $360,000, and much of the body Thearmor, purpose was purchasedof OPSG iswith to grantsecure funds United from States the Departmentborders by enhancingof Homeland cooperation Security. 11among Since law 2003,enforcement the St. atLouis all levelsRegional of government.Response System,78 Both a localstate governmentsagency that administersat the county DHS level grants, and tribalhas spent governments $9.4 million bordering of DHS Canada grant fundsand Mexicopurchasing are equipmenteligible to applyfor police for departments OPSG gr ants in St. throughLouis County. their12 state Administrative Agency. The79 In policefiscal yearresponse 2013, inthe FergusonOPSG had also available illustrated funding the of fiftypervasiveness-five million of dollars.the warrior80 mentality. One Ferguson police officer said to the demonstrators: “Bring it. You f*****g animals, 4.bringLaw it.”Enforcement13 Another Terrorism Ferguson Preventionpolice officer Program stated in a comment on Facebook that “[t]hese protestors should be put down like a rabid dog theState first recipients night.”14 of InSHSP the eveningand UASI of August grants 18must and appropriatemorning of Augusttwenty- five19, 2014,percent six or journalists more of thewere total arrested funds while received covering to “ lawthe situationenforcement in Ferguson.terrorism15 Onprevention August 19,activities. a police” 81officer The in FergusonProgram aimedGuidance his and rifle Application at peaceful Kit protestors for the Fiscal and mediaYear 2007 members Homeland and yelledSecurity “I willGrant f*****g Program kill you, outlines get back!” categories16 The officers’of permissible conduct epitomizesexpenditures theunder “usthe-versus Law -them”Enforcement warrior Terrorism mentality Prevention that encouragesProgram police(LETPP). officers82 toThe treat categories American streetsinclude as aplanning, warzone organization,and American equipment, citizens as training, the enemy. exercises, Indeed, and “it seemspersonnel. that83 some The policeDHS Authorizedofficers have Equipment shed the List blue84 isuniform extensive and and have includes: put on body the uniformarmor, ballisticand gear helmets, of the military, ballistic bringingshields, thebattle attitude dress alonguniforms, with it.”17

75 Id. § 604(b)(1). Being76 CUOBURNsed by, Policesupra in note Ferguson 64, at 15, T-HE18. N ATION (Aug. 20, 2014), available at http://www.thenation.com/article/181315/catalog77 FED. EMERGENCY MGMT. AGENCY, supra-ferguson note 62.-police In 2003,-weaponry#. the UASI had 9 anMark annual Thompson, funding Warof $596.3 Comes million. Home: C TheOBURN Militarization, supra note of64, U.S.at 11. Police The UASI’sForces, TIMEannual (Aug. funding 19, 2014),peaked available in 2010 atat htt$832.5p://time.com/3144818/ferguson million, and reached its- policelowest-militarization funding level- picin tures/.2012 at $490.3 million. Id. 7810 FSzoldra,ED. EMERGENCY supra note M 6.GMT . AGENCY, supra note 62. 7911 Id.Julie Bosman & Matt Apuzzo, In Wake of Clashes, Calls to Demilitarize Police80 Id., N. Y. TIMES (Aug. 14, 2014), available at http://www.nytimes.com/2014/08/15/us/ferguson81 6 U.S.C. § 607(a)(1). Approved law enforcement-missouri- interrorism-wake-of -preventionclashes- activitiescalls-to-demilitarize include: -police.html?_r=0.sharing and analyzing information, hardening targets, recognizing12 Id. threats, interdicting terrorists, paying law enforcement overtime expenses,13 Szoldra, establishing supra note fusion 6. centers, paying information analysts, and completing14 Joshua other Berlinger, activities St- Louispermitted-area byofficer the firedAdministrator after Facebook or the comments Fiscal Year on 2007Ferguson Program protests Guidance, CNN (Aug. of 30,the 2014), Law available Enforcement at Terrorism Prevention Program.http://www.cnn.com/2014/08/29/us/officer Id. § 607(a)(2)(A)-(I). -fired-ferguson/. 8215 DBrianEP’T OFStelter, HOMELAND 6 more S ECjournalists., FY 2007 arrested HOMELAND in Ferguson SECURIT protests Y GRANT, CNN , http://www.cnn.com/2014/08/19/us/fergusonPROGRAM , PROGRAM GUIDANCE AND APPLICATI-journalists ON K-arrested/IT 53-57 (2007),(last updated Aug.available 19, 2014). at http://www.fema.gov/pdf/government/grant/bulletins/16 Sasha Goldstein, Suburban St. Louis cop suspendedfy07_hsgp_guidance.pdf. for threatening to kill,83 pointing Id. gun at media in Ferguson, Mo., NEW YORK DAILY NEWS (Aug. 20, 2014,84 6:59The PM),DHS availableAuthorized at Equipmenthttp://www.nydailynews.com/news/national/st List specifies what equipment- purchaseslouis-area- suspendedmay be designated-threatening as -expenditureskill-media-ferguson of Law-artic Enforcement le-1.1911046. Terrorism Prevention17 Szoldra, Program supra notefunds. 6. Id. at 54. 149014861168 47 JO HN MARS HALL L. REV. 149014861168 Vol. 47:4 tacticaldifferent frompadding, its predecessors,85 explosive particularly entry equipment,since it had86 the tacticalbenefit interventionof two years of vehicles, planning. and all-terrain vehicles. 87 LikeAccording the shiftto the in Centerconference for Investigative scheduling, Reportiother changesng, DHS have has takenhanded place out withinthirty -thefour LatCrit billion entity dollars, including in grants concerted since efforts the toSeptember continue 11tha process terrorist of institutionalization.attacks. 88 With these In federalrecent years,funds, therelocal hascommunities been a growing across focusall fifty on howstates to havecapitalize been on on its a critical“gear- buyingniche, continuespree,” purchasing cultivating everything the next fromgeneration pilotless of surveillancecritical scholars, drones and to ensureballistic thathelmets the andbato bombn of outsiderrobots. 89 jurisprudence is passed along. Internally, the organization has shifted, including a gradual changingC. The of Departmentthe guard inof Defenseleadership, Excess so Propertyto speak, Program as well as a downsizing in administration. For example, from 2008 to the present, the Board of Directors was intentionally downsized, with a growing85 DEP’T OFnumber HOMELAND of BoardSEC., DHS seats AUTHORI being ZED occupied EQUIPMENT by juniorLIST 13 -law14 professors.(2005), available6 at https://www.llis.dhs.gov/sites/default/files/AEL_PDF_Complete.pdfAnother major development is LatCrit’s acquisition (last of a visited July 31, 2014). physical86 Id. at space 36. for the organization. The property, Campo Sano (Spanish87 Id. at for 135 -“Camp36. Healthy,” or more literally, “Camp Sanity”), is a ten88 Becker-acre parcel& Schulz, of supraland notelocated 24. in Central Florida. 7 Purchased by LatCrit89 Id. Thein 2011, FAA Modernizationthe space is and home Reform to TheAct of Living 2012, signed Justice into Center law on andFebruary the LatCrit14, 2012, Communitywill allow drones Campus. to be 8used The inphysical the United facility States serves for a 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 9 http://www.nytimes.com/2012/02/18/technology/dronesfighting chance to be heard.” The space is intended-with-an -eye-on-the- public -cleared-to-fly.html?pagewanted=all&_r=0. The new law, although promisingto forserve manufacturers as the hubof drones, of their raises educational,serious privacy research, and civil rights issues. advocacyId. Many questionsand activism remain unanswered.to remedy Id.the Will imbalance drones be allowedand to take pictures through windows and skylights? For what can the images be used? deficienciesWhile drones ofmay the be greatcurrent for fightinglegal system.crime, they Having also can an subject Americanindependent citizens to “unblinkingphysical scrutiny.”base has Steve become Chapman, critical Limiting as police drones universitiesin Illinois and, lawC HICAGOschools increasinglyTRIBUNE (Mayare even31, less2013), http://articles.chicagotribune.com/2013-05-31/opinion/chi-illinois-lawmakers- pass-drone-bill-20130531_1_drones-prisoner-escape-search-warrants. Police may soon have access to drones fitted with less than lethal weapons, such as Namingrubber bullets,and Launching Tasers, a andNew tearDiscourse gas. ofAM Critical. CIVIL LegalLIBERTIES Scholarship UNION, 2, WeaponizedHARV. LATINO DronesL. REV . 1 (Mar.(1997). 5, 2013), https://www.aclu.org/criminal-law- reform/weaponizedSee also LatCrit-drones. Biennial The ChiefConferences Deputy, LofAT CtheRIT :Montgomery LATINA & CountyLATINO CSheriff’sRITICAL OfficeLEGAL in TexasTHEORY has, IstatedNC., http://latcrit.org/content/conferences/latcritthat his Office is contemplating arming its- biennialdrone with-conferences/ tear gas (lastand rubbervisited Julybullets. 5, 2013)Groups (providing Concerned a list Over of the Arming previous Of conferences,Domestic Dronesand providing, CBS direct DC links (Mayto view 23,sympos 2012,ia articles 1:18 for somePM), http://washington.cbslocal.com/2012/05/23/groupsyears (found by following the respective year’s-conc linkerned to-over its -armingcorresponding-of- webpage).domestic-drones/. The ACLU has recommended that drones be deployed by policeAdditionally, only with LatCrita warrant has developedor in an aemergency substantial and body that of scholarshipimages only from be severalretained other when stand there-alone is reasonable symposia: suspicioninter alia thatthe Souththey contain-North Exchange,evidence of the a crime.Study SpaceAM .Series, C IVILthe InternationalLIBERTIES and UComparativeNION, Domestic Colloquia. DronesLatCrit, https://www.aclu.org/blog/tag/domesticSymposia, LATCRIT: LATCRIT: LATINA-drones & L ATINO(last CvisitedRITICAL JulyLEGAL 31, T HEORY2014)., IIllinoisNC., recentlyhttp://latcrit.org/content/publications/latcrit enacted the Freedom From Drone-symposium/ Surveillance (last Act. Michaelvisited Maharrey,July 5, 2014). Illinois Governor Signs Bill Limiting Drone Use Into Law, TENTH AMENDMENT6 These include ProfeCENTERssors Marc-Tizoc(Oct. González, Andrea1, Freeman,2013), and Césarhttp://blog.tenthamendmentcenter.com/2013/10/illinois Cuahtémoc García Hernández. See About LatCrit-governor, supra-signs note- bill3 (listing- thelimiting professors-drone- useon- intothe- law/#.Uk8fiZNesqo.LatCrit Board of DirectorsThe Drone and Act their will require,respective with law a schools).few exceptions, that law enforcement obtain a warrant to gather evidence with drones.7 Campo Id. The Sano Drone, LAT ActCRIT will: L allowATINA dronesAND L ATINOuse when CRITICAL there LisEGAL a high T HEORYrisk of, IterroristNC, http://www.latcrit.org/content/campo attack, there is a need to locate-sano/ a missing (last visited person July but 5, no2014). criminal investigation8 Id. is being undertaken, and there is a need for photographing a crime9 Id. scene or a crash. Id. Vol. 47:4 More Bang for Your Buck 149114771487 fact, “[s]ome veterans of the wars in Afghanistan and Iraq noted that Thethe Nationalcops appeared Defense betterAuthorization-armed and Act outfittedof 1997 createdin middle the AmericaDepartment than ofthe DefenseGIs had beenExcess in theProperty war zones.” Program9 The SWAT(“1033 Program”)officers also90 tobrought transfer with excess them Department a Bearcat ofarmored Defense vehicle,(“DOD”)10 propertysimilar toto lawthe enforcementMine-Resistant agencies. Ambush91 The P rotectedLaw Enforcement (“MRAP”) Supportvehicles Officeused by(“LESO”) American has soldierstransferred and moreMarines than in ten Iraq million and piecesAfghanistan. of property The toBearcat, more thanwhich eleven costs thousand$360,000, lawand muchenforcement of the agencies.body armor,92 LESOwas purchased conducts with these grant transfers funds from to the increase Department the capabilitiesof Homeland of theSecurity. recipient11 lawSince enforcement 2003, the agencies. St. Louis93 Regional Response Under System, the 1033a state Program, agency statethat administersand local police DHS agenciesgrants, throughouthas spent $9.4 the millionUnited of StatesDHS granthave fundsacquired purchasing surplus equipment military weaponsfor police and departments equipment. in94 St. The Louis distributed County. 12 surplu s includes Light Armored The Vehiclespolice response(LAV’s), 95 inamphibious Ferguson tanks,also illustrated96 and Mine the- Resistantpervasiveness Ambush of the Protectedwarrior mentality.(MRAP) vehicles. One Ferguson97 Many policehave officercriticized said the to 1033 the demonstrators:Program because “Bring its lack it. Youof sufficient f*****g oversightanimals, bringallows it.”abuse13 Another by recipients Ferguson of DOD police property. officer stated98 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 August90 See 19,10 U.S.C.2014, §six 2576(a) journalists (2012) (permitting were arrested the Secretary while coveringof Defense the to transfersituation to infederal Ferguson. and state15 Onagencies, August personal 19, a property police officerof the DODin Ferguson including small arms and ammunition that is suitable for law enforcement activities and isaimed not necessary his rifle for theat DOD).peaceful protestors and media members and 16 yelled91 L“IAW will ENFORCEMENT f*****g kill SUPPORT you, getOFFICE back!”, DEFENSE The L OGISTICSofficers’ conductAGENCY, 2013epitomizes BROCHURE the 2 (2013).“us -versus-them” warrior mentality that encourages92 Id. at 2police-3. DOD officers property to maytreat be American transferred streets only if asthe aproperty warzone is drawnand American from existing citizens DOD stocksas the and enemy. accepted Indeed, on an as“it-is seemsand where that-is somebasis, the DOD funds for the procurement of defense equipment are not expended in policethe transfer, officers and havethe transfer shed thecosts blue are covereduniform by andthe recipienthave put. 10 U.S.C.on the § uniform2576(b) (2012). and gear of the military, bringing the attitude along with it.”1793 LAW ENFORCEME NT SUPPORT OFFICE, supra note 91, at 2. 94 See Lorenzo Francheschi-Bicchierai, Small-Town Cops Pile Up on Useless Military Gear, WIRED (Jun. 26, 2012, 6:31 AM), http://www.wired.com/dangerroom/2012/06/copsBeing Used by Police in Ferguson, THE NATION -(Aug.milita ry20,-gear/all/ 2014), available (reporting at http://www.thenation.com/article/181315/catalogthat small police departments across the United-ferguson States-police are -weaponry#.receiving vast amounts9 Mark of militaryThompson, equipment War Comes and weaponsHome: The through Militarization the 1033 Program). of U.S. Police Forces95 See, TIME, e.g. , (Aug.Zach Pluhacek,19, 2014), Nebraskaavailable Stateat htt Patrolp://time.com/3144818/ferguson Trains in Light Armored- policeVehicles-militarization, JOURNAL-picS tures/.TAR.COM (Feb. 16, 2010, 5:24 PM), http://journalstar.com/news/local/article_93f6952e10 Szoldra, supra note 6. -1b29-11df-9182- 001cc4c002e0.html11 Julie Bosman (reporting & Matt Apuzzo, that the In NebraskaWake of Clashes, State Patrol Calls toacquired Demilitarize three PoliceLAV’s , fromN. the DODY. throughTIMES the(Aug. 1033 Program14, and2014), plan toavailable use them forat http://www.nytimes.com/2014/08/15/us/fergusonnatural disasters). -missouri-in-wake-of-clashes- calls96-to See-demilitarize, e.g., Robert-police.html?_r=0. Johnson, The Pentagon Is Offering Free Military Hardware12 Id. to Every Police Department in the U.S., BUSINESS INSIDER (Dec. 5, 2011,13 Szoldra,11:09 AM), supra available note 6. at http://www.businessinsider.com/program-1033- military14 Joshua-equipment Berlinger,-police St-2011-Louis-12-area (stating officer firedthat afterpolice Facebook in Cobb comments County, on FergusonGeorgia, have protests acquired, CNN (Aug.an amphibious 30, 2014), tankavailable through at the 1033 Program). http://www.cnn.com/2014/08/29/us/officer97 See, e.g., Oliver Darcy, Police Department-fired-ferguson/. Acquires $600K Military Vehicle15 Brian ‘Built Stelter, to Withstand 6 more Arms journalists Fire, Mine arrested Blasts, in IED’s Ferguson and Other protests Emerging, CNN , Threats’http://www.cnn.com/2014/08/19/us/ferguson, THE BLAZE (Sept. 28, 2013, 9:20 AM),-journalists -arrested/ (last updated http://www.theblaze.com/stories/2013/09/28/policeAug. 19, 2014). -depar tment-acquires-tank- built16- toSasha-withstand Goldstein,-arms -Suburbanfire-mine- blastsSt. Louis-ieds -copand -suspendedother-emerging for threatening-threats/ to kill,(reporting pointing that gun Dallas at media County in Sheriff’sFerguson, deputies Mo., N EWacq YuiredORK DaAILY MaxxPro NEWS MRAP). (Aug. 20, 2014,98 Michael6:59 PM), Kunzelman, available AP at Impact:http://www.nydailynews.com/news/national/st Little Restraint in Military Giveaways-, louisASSOCIATED-area-suspended PRESS-threatening (July -31,kill -media2013,-ferguson 7:31 -articPM), le- 1.1911046.available at http://bigstory.ap.org/article/ap17 Szoldra, supra note 6. -impact-little-restraint-military-giveaways. An 149214881168 47 JO HN MARS HALL L. REV. 149214881168 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 taken Theplace militarizationwithin the LatCrit of police entity in ,the including United concertedStates is effortsnot a torecent continue phenomenon. a process Rather,of institutionalization. it is a continuing In recent trend years, that there has hasaccelerated been a growingin the wake focus of on the how September to capitalize 11th on terrorist its critical attacks. niche,99 continueThis analysis cultivating will discussthe next how generation the programs of critical introduced scholars, above and ensurehave fueled that thethe batomilitarizationn of outsider of police,jurisprudence what militarization is passed along. has Internally,resulted in, andthe whyorganization the shooting has of Joseshifted, Guerena including is instructive. a gradual changing of the guard in leadership, so to speak, as well as a downsizing in administration.A. Militarization For example, from 2008 to the present, the Board of Directors was intentionally downsized, with a growingThe DHS,number HSGP, of Board and seats1033 being Program occupied have by fueledjunior lawthe professors.militarization6 of American police in two basic ways. First, these programsAnother have major armed development police isdepartments LatCrit’s acquisitionwith military of a physicalequipment space—weapons for the and organization. tools traditionally The property, reserved Campo for Sanothe (Spanishbattlefield. for100 “CampSecond, Heal thy,”the militaryor more literally,equipment “Camp and Sanity”), training is aprovided ten-acre to parcel police of departments land located havein Central encouraged Florida. law7 Purchased enforcement by officersLatCrit toin adopt2011, a thewar spacerior mentality. is home 101to The Living Justice Center and the LatCrit Community Campus. 8 The physical facility serves 1.asArmed a means to the “to Teeth level the playing field and give LatCrit activists a fighting chance to be heard.”9 The space is intended The DHS and HSGP departments have distributed a staggeringto serve thirty as-four the billion hub dollarsof their in educational, grant funds research,and military equipmentadvocacy to policeand activismdepartments. to remedy102 The the government imbalance doesand not 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 instance,Naming anda police Launching chief in aMorven, New Discourse Georgia receivedof Critical boats, Legal scuba Scholarship gear, rescue, 2 HraftsARV .and LATINO life preserversL. REV. 1 (1997). even though his town’s deepest body of water is an ankleSee-deep also creek. LatCrit Id. Also,Biennial the policeConferences chief –, andLAT ConlyRIT: fullLATINA-time officer& LATINO – of CRisingRITICAL Star, LEGAL Texas, THEORY received, INC .,over http://latcrit.org/content/conferences/latcrit three million dollars in televisions,- biennialcomputers,-conferences/ meat slicers, (last andvisited other July equipment.5, 2013) (providing Id. There a list were of the even previous more conferences,instances of flagrantand providing abuse, includingdirect links a sheriff to view in Bureausympos iaCounty, articles Illinois for some who yearswas accused (found ofby lending following M-14 the rifles respective to his friends year’s andlink a firearmsto its corresponding manager in webpage).North Carolina who pled guilty stealing and selling firearms. Id. 99Additionally, See Peter LatCritB. Kraska, has developed Researching a substantial the Police body-Military of scholarship Blur: Lessons from Learnedseveral ,other 14 P standOLICE- aloneFORUM symposia: 3, 2 (2005) inter [hereinafter alia the South Researching-North Exchange, the Police the- MilitaryStudy Space Blur ]Series, (describing the Internationalmilitarization and as Comparativea trend that Colloquia.originated LatCritin the 1980’sSymposia and, intensifiedLATCRIT: L afterATCRIT the: SeptemberLATINA & 11thLATINO attacks). CRITICAL LEGAL THEORY, INC.100, Seehttp://latcrit.org/content/publications/latcrit, e.g., Becker & Schulz, supra note-symposium/ 24 (reporting (last that visitedpolice departmentsJuly 5, 2014). across the country are obtaining a wide variety of military weapons6 These and include equipment Profe byssors way Marc of federal-Tizoc González,grant funds Andrea and DOD Freeman, equipment and transfers);César Cuahtémoc LAW E NFORCEMENTGarcía Hernández. SUPPORT See OAboutFFICE ,LatCrit supra , notesupra 91 note (stating 3 (listing that the professorsLaw Enforcement on the LatCritSupport BoardOffice ofhas Directors transferred and tentheir million respective pieces law of schools).DOD property to law enforcement agencies). 1017 Campo DIANE SanoCECILIA, LAT WCRITEBER: L, ATINAWARRIOR AND CLOPSATINO: T HECRITICAL OMINOUS LEGAL GROWTH THEORY OF, PINCARAMILIT, http://www.latcrit.org/content/campoARISM IN AMERICAN POLICE -sano/DEPARTMENTS (last visited 1-2 July(1999), 5, 2014). available at http://object.cato.org/sites/cato.org/files/pubs/pdf/bp50.pdf.8 Id. 1029 Id. Becker & Schulz, supra note 24. Vol. 47:4 More Bang for Your Buck 149314771489

trackfact, “[s]omeexactly veteranswhat is ofpurchased the wars within Afghanistan these funds. and103 ThereIraq noted is a clearthat theindication, cops appearedhowever, better that- armedpolice anddepartments outfitted acrossin middle the countryAmerica arethan transforming the GIs had into been “small in thearmy war-like zones.” forces.”9 104 The SWAT officersThe alsosmall brought town ofwith Keene, them New a BearcatHampshire, armored which vehicle, had 10a populationsimilar to of the23,409 Mine in-Resistant 2013, used Ambush its federal Protected grant (“MRAP”)funds to purchasvehicles e useda BearCat by American armored vehicle.soldiers105 and The Marinesvehicle, manufacturedin Iraq and byAfghanistan. Lenco, is Theequipped Bearcat, with which features costs such $360,000, as .50 and caliber much armorof the protection,body armor, awas V -Hullpurchased design, with and grant blast funds seats. from 106the TheDepartment town’s applicationof Homeland for Security.the DHS11 grantSince funds2003, mentionedthe St. Louis the needRegional for “terrorismResponse -System,prevention a statetools.” agency A city thatcouncilmember administers explained DHS grants, that ithas is spent“just $9.4something million you of DHSput ingrant the fundsgrant purchasingapplication equipmentto get the money.”for police107 departments in St. Louis County. 12 TheThe 1033 police Program response has facilitatedin Ferguson the transferalso illustrated of more thanthe pervasivenessten million pieces of theof DODwarrior property mentality. to law Oneenforcement Ferguson agencies police officeraround saidthe couto ntry.the demonstrators:108 From 1997 to“Bring 1999 it.alone, You some f*****g 253 animals,aircraft, bringincluding it.”13 Blackhawk Another Ferguson helicopters, police officerwere statedtransferred in a comment to police on Facebookdepartments. that109 “[t]hese Other protestors DOD shouldequipment be puttransfers down like includeda rabid dogthousands the first of nMight.”-16 14rifles, In thebulletproof evening helmets,of August grenade18 and morninglaunchers, of Augustand night 19,-vision 2014, goggles. six journalists110 were arrested while covering the situation in Ferguson. 15 On August 19, a police officer in Ferguson 2.aimedEncouraging his rifle the at Warrior peaceful Mentality protestors and media members and yelled “I will f*****g kill you, get back!”16 The officers’ conduct epitomizesThe warriorthe “usmentality-versus- them”is mostwarrior easily mentalityunderstood thatby consideringencourages policethe mindset officers ofto atreat soldier American at war. streetsWhen aspolice a warzoneofficers adoptand American a warrior citizens mentality, as the enemy.the problem Indeed, “itbecomes seems thatapparent: some “Americanpolice officers streets have are shed viewed the blueas the uniform ‘front’ anandd Americanhave put citizenson the asuniform the and‘enemy.’” gear 111of thePolice military, officers’ bringing assumption the attitude of aalong warrior with it.”mentality17 is improper because the police and military serve 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]hehttp://www.thenation.com/article/181315/catalog civilian law enforcement officer . .- ferguson. confronts-police not-weaponry#. an ‘enemy’ but9 individualsMark Thompson, who, Warlike Comeshim, areHome: both The subject Militarization to the nation’sof U.S. Policelaws Forces, TIME (Aug. 19, 2014), available at http://time.com/3144818/ferguson- police -militarization-pic tures/. 10 Szoldra, supra note 6. 10311 JulieId. Bosman & Matt Apuzzo, In Wake of Clashes, Calls to Demilitarize Police104 ,Id. N. Y. TIMES (Aug. 14, 2014), available at http://www.nytimes.com/2014/08/15/us/ferguson105 Allie Bohm & Emma Andersson, Towns-missouri Don’t Need-in-wake Tanks,-of-clashes but They- Havecalls- to-Themdemilitarize, ACLU-police.html?_r=0. BLOG OF RIGHTS (Mar. 7, 2013, 2:59 PM), https://www.aclu.org/blog/criminal12 Id. -law-reform-free-speech/towns-dont-need- tanks13 -Szoldra,they-have supra-them. note 6. 10614 Joshua BearCat Berlinger, G3, LENCO St -LouisARMORED-area VofficerEHICLES fired, after Facebook comments on http://www.lencoarmor.com/lawFerguson protests, CNN (Aug. 30,-enforcement/bearcat 2014), available at -variants/g3/ (last visited http://www.cnn.com/2014/08/29/us/officerJuly 31, 2014). -fired-ferguson/. 10715 BrianBohm Stelter,& Andersson, 6 more supra journalists note 105. arrested in Ferguson protests, CNN, http://www.cnn.com/2014/08/19/us/ferguson108 LAW ENFORCEME NT SUPPORT OFFICE-journalists, supra note-arrested/ 91. (last updated Aug.109 19, R 2014).ADLEY BALKO, RISE OF THE WARRIOR COP: THE MILITARIZATION OF AMERICA16 Sasha’S P OLICEGoldstein, FORCES Suburban 210 (2013)St. Louis [hereinafter cop suspended RISE forOF threateningTHE WARRIOR to kill,COP]. pointing gun at media in Ferguson, Mo., NEW YORK DAILY NEWS (Aug. 20, 2014,110 Id.6:59 PM), available at http://www.nydailynews.com/news/national/st- louis111-area WEBER-suspended, supra- notethreatening 101, at -10.kill -media-ferguson-artic le-1.1911046. 11217 Szoldra, Id. supra note 6. 149414901168 47 JO HN MARS HALL L. REV. 149414901168 Vol. 47:4 anddifferent protected from byits thepredecessors, Bill of Rights. particularly113 since it had the benefit of twoThe years DHS, of planning. HSGP, and 1033 Program instill a warrior mentalityLike thein la shiftw enforcement in conference by providingscheduling, the othermilitary changes equipment have takenand federal place fundswithin necessary the LatCrit to create entity their, including own SWAT concerted teams efforts114 or toother continue paramilitary a process unitsof institutionalization. that utilize military In recent training years, thereand hastactics. been115 a growing focus on how to capitalize on its critical niche, continueIn thecultivating mid 1980’s, the nextabout generation twenty ofpercent critical of scholars,towns withand ensurepopulations that betweenthe bato n25,000 of outsider and jurisprudence50,000 people ishad passed a SWATalong. Internally,team. 116 By the2007, organization that number has had shifted,increased including to eighty percent.a gradual117 changingIn Wisconsin, of the for guardexample, in sixteenleadership, SWAT so teamsto speak, have as been well formed as a downsizingsince 2000. 118in Manyadministration. of these newFor SWATexample, teams from were 2008 formed to thein present,very small the townsBoard such of Dire as ctorsForest was Count intentionallyy, 119 with downsized,a population with of a9,304, growing120 and number Mukwonago, of Board121 withseats a populationbeing occupied of 7,355. by 122junior law professors.Military6 special forces regularly train SWAT teams123 in areasAnother such asmajor urban developmentcombat, helicopter is LatCrit’s attack, acquisition and sniping. of 124a physicalPrivate contractorsspace for thealso organization.provide training The in property, military Campoweapons Sano and (Spanishtactics. 125 for One “Camp such Heal company,thy,” or moreSpecial literally, Operations “Camp Systems, Sanity”), is staffeda ten-acre by parcelinstructors of land selected located from in Central Army SpecialFlorida. 7Forces, Purchased United by StatesLatCrit Marines, in 2011, Navalthe space Special is homeWarfare, to The and Living law enforcement.Justice Center126 andSpec ialthe OperationsLatCrit Community Systems Campus.offers training8 The physicalto SWAT facility teams serves and otheras a meanslaw enforcement“to level the playingagencies field in andareas give suchLatCrit as activistsexplosive a breaching,fighting chance urban to besniping, heard.” close9 The quartersspace is intendedbattle (“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 RADLEY BALKO, OVERKILL: THE RISE OF PARAMILI T ARY POLICE RAIDS independentIN AMERICA 8 (2006)physical, available base at has become critical as http://object.cato.org/sites/cato.org/files/pubs/pdf/balko_whitepaper_2006.pdfuniversities and law schools increasingly are even less [hereinafter OVERKILL]. 115 RISE OF THE WARRIOR COP, supra note 109, at xi-xii. 116 Peter Kraska, Militarization and Policing—Its Relevance to 21st NamingCentury Policeand Launching, 1 POLICING a 501,New 506 Discourse (2007), available of Critical at Legal Scholarship, 2 Hhttp://cjmasters.eku.edu/sites/cjmasters.eku.edu/files/21stmilitarization.pdf.ARV. LATINO L. REV. 1 (1997). See117 Id. also LatCrit Biennial Conferences, LATCRIT: LATINA & LATINO CRITICAL118 OVERKILL LEGAL, supraTHEORY note, 114,INC., athttp://latcrit.org/content/conferences/latcrit 10. - biennial119 Id.-conferences/ (last visited July 5, 2013) (providing a list of the previous conferences,120 Community and providingFacts, UNITED direct S TATESlinks toC ENSUSview symposBUREAUia, articles for some http://factfinder2.census.gov/faces/nav/jsf/pages/community_facts.xhtmlyears (found by following the respective year’s link to its corresponding (last visitedwebpage). July 31, 2014) (reporting the population as of 2010). 121Additionally, OVERKILL ,LatCrit supra notehas developed114, at 10. a substantial body of scholarship from several122 Communi other standty Facts-alone, U symposia:NITED STATES inter CaliaENSUS the SouthBUREAU-North, Exchange, the http://factfinder2.census.gov/faces/nav/jsf/pages/community_facts.xhtml#noneStudy Space Series, the International and Comparative Colloquia. LatCrit (lastSymposia visited, L JulyATC RIT31,: 2014)LATC (reportingRIT: LATINA the & population LATINO CasRITICAL of 2010). L EGAL THEORY, INC.123, Seehttp://latcrit.org/content/publications/latcrit Peter B. Kraska & Victor E. Kappeler, -Militarizingsymposium/ American(last Policevisited: TheJuly Rise5, 2014). and Normalization of Paramilitary Units, 44 SOC. PROBLEMS 1, 11 (1997)6 These (reporting include that Profe in ssorsa survey Marc of-Tizoc police González, paramilitary Andrea units, Freeman, forty-three and Césarpercent Cuahtémoc “trained with García ‘active Hernández.-duty military See Aboutexperts LatCrit in special, supra operations.’”) note 3 (listing the 124professors OVERKILL on, supra the LatCritnote 114 Board, at 14. of Directors and their respective law schools).125 Law Enforcement Training, SPECIAL OPERATIONS SYSTEMS, http://specopsystems.com/law7 Campo Sano, LATCRIT-:enforcement LATINA AND-training/ LATINO C(lastRITICAL visited LEGAL JulyTHEORY 31,, 2014).INC, http://www.latcrit.org/content/campo -sano/ (last visited July 5, 2014). 1268 Id. Staff , SPECIAL OPERATIONS SYSTEMS, http://specopsystems.com/staff/ (last9 visitedId. July 31, 2014). Vol. 47:4 More Bang for Your Buck 149514771491 assault,fact, “[s]ome clandestine veterans operations, of the wars and inweapons Afghanistan training. and127 Iraq noted that Trainingthe cops may appeared appear betterto be- armeda “purely and technicaloutfitted exercise.”in middle128 AmericaBut training than “constructsthe GIs had and been reinforces in the thewar ‘dangerousness’zones.” 9 The SWATof the group’sofficers work,also broughtthe importance with them of feeling a Bearcat and thinking armored as vehicle,a team”10 andsimilar the to“‘pleasure’ the Mine that-Resistant comes Ambushfrom playingProtected out (“MRAP”)‘warrior fantasies.’”vehicles used129 Byby embracingAmerican soldiersmilitary andequipment Marines andin Iraqtraining, and policeAfghanistan. officers Thehave Bearcat, “accept[ed] which the costs military $360,000, as a andmodel much for oftheir the behaviorbody armor, and wasoutlook” purchased130 and with “adopt[ed] grant fundsthe tactics from theand Department mindset of theirof Homeland military mentors.”Security. 11131 OneSince former 2003, SWAT the teamSt. Louismember, Regional Betty ResponseTaylor, explained System, thata state “the agencymentality that changes administers when DHSthey getgrants, put hason thespent SWAT $9.4 millionteam . of. DHS. [t]he grant us-versus funds- thempurchasing mentality equipment takes forover.” police132 She departments lamented, in “when St. Louis you County. get into12 that mentality, there are no Theinnocent police people. response There’s in us andFerguson there’s alsothe enemy.”illustrated133 the pervasiveness of the warrior mentality. One Ferguson police officer said toB. theWhat’s demonstrators: So Bad About “Bring Warrior it. You Cops? f*****g animals, bring it.”13 Another Ferguson police officer stated in a comment on FacebookIn defending that “[t]hese the militarizationprotestors should of police,be put somedown havelike aargued rabid thatdog thepolice first must night.” keep14 abreastIn the evening of the threatsof August they 18 faceand inmorning the war of onAugust drugs, 19,134 2014, war six on journalists crime, andwere wararrested against while terrorism.covering the135 situation in Ferguson. 15 On August 19, a police officer in Ferguson aimed his rifle at peaceful protestors and media members and 16 yelled127 Law“I willEnforcement f*****g Training kill you,, supra get note back!” 125. The officers’ conduct epitomizes128 Kraska &the Kappeler, “us -supraversus note-them” 123, at 11.warrior mentality that encourages129 Id. police officers to treat American streets as a warzone 130 and American WEBER, supra citizens note 101, as atthe 1. enemy. Indeed, “it seems that some 131 Id. at 2. police officers have shed the blue uniform and have put on the 132 See RISE OF THE WARRIOR COP, supra note 109, at 241 (describing a conversationuniform and with gear Betty of the Taylor, military, a former bringing SWAT the team attitude member, along in whichwith Taylorit.”17 explains the mentality of SWAT officers). 133 Id. 134 Phrases such as the “war on drugs” and “war on crime,” sometimes referredBeing Used to byas Police“martial in Fergusonmetaphors,, T”HE also NATION contribute (Aug. 20,to the2014), warrior available mentality at amonghttp://www.thenation.com/article/181315/catalog American police. WEBER, supra note 101,-ferguson at 10. They-police have-weaponry#. a tendency to turn9 Mark “high Thompson,-crime areas War into Comes ‘war zones,’Home: citizensThe Militarization into potential of enemies, U.S. Police and Forcespolice , officersTIME (Aug.into soldiers.”19, 2014), Id.available This rhetoric at http://time.com/3144818/ferguson is echoed by police officers- policethemselves,-militarization many -ofpic tures/.who openly advocate the warrior mentality. Radley Balko,10 Szoldra, SWAT supraCop Saysnote 6.American Neighborhoods Are ‘Battlefields,’ Claims Cops11 JulieFace BosmanSame Dangers & Matt asApuzzo, Soldiers In Wake in Afghanistanof Clashes, ,Calls HUFFINGTON to Demilitarize POST (Aug.Police , 21, N. 2013),Y. http://wwwTIMES .huffingtonpost.com/2013/08/18/swat(Aug. 14, 2014), available-cop -saysat- americanhttp://www.nytimes.com/2014/08/15/us/ferguson-ne_n_3776501.html. Glenn French, -amissouri SWAT- inteam-wake commander-of-clashes- in Sterlingcalls-to-demilitarize Heights, Michigan,-police.html?_r=0. stated that trainers have spent a decade teaching officers12 Id. to treat their “sector[s]” like a battlefield. Id. French further stated that13 officersSzoldra, shouldsupra noteuse 6.the same technologies, weapons, and tactics that “[their]14 Joshua military Berlinger, comrades St- Louisdo.” Id.-area French officer even fired went after soFacebook far as to comments dub SWAT on Fergusonofficers “mysterious protests, C NNwarriors.” (Aug. 30, Id. 2014), French’s available argument at illustrates perfectly how http://www.cnn.com/2014/08/29/us/officerpolice officers are encouraged to “accept-fired the-ferguson/. military as a model for their behavior15 Brian and Stelter, outlook.” 6 WmoreEBER journalists, supra note arrested 101, at 1.in Ferguson protests, CNN, http://www.cnn.com/2014/08/19/us/ferguson135 See, e.g., Radley Balko, Rise of the Warrior-journalists Cop:-arrested/ Is it Time (lastto Reconsider updated theAug. Militarization 19, 2014). of American Policing?, WALL ST. J. (Aug. 7, 2013, 3:44 PM), available16 Sasha Goldstein, Suburban St. Louis cop suspended for threatening atto kill,http://online.wsj.com/news/articles/SB1000142412788732384880457860804078 pointing gun at media in Ferguson, Mo., NEW YORK DAILY NEWS (Aug. 20, 2014,0519904 6:59 (stating PM), thatavailable advocates at http://www.nydailynews.com/news/national/st for the use of aggressive military tactics- louisagainst-area drug-suspended dealers -arguedthreatening that- killdrug-media dealers-ferguson were -acquiringartic le-1.1911046. bigger weapons and17 the Szoldra, police supraneeded note to 6.keep a step ahead of them); RISE OF THE WARRIOR 149614921168 47 JO HN MARS HALL L. REV. 149614921168 Vol. 47:4

Aggressivedifferent from military its predecessors, tactics are particularly necessary, since they it claim,had the because benefit criminalsof two years are of planning.becoming more heavily armed. 136 However, the evidenceLike suggeststhe shift that in conferencethe vast majorityscheduling, of violent other changescriminals have are takennot so placeequipped. within137 Inthe 2011, LatCrit 8,583 entity murders, including were committed concerted withefforts a tofirearm. continue138 Onlya process 323 ofof those institutionalization. murders involved In therecent use years,of a rifle, there139 haswhereas been a6,220 growing of themfocus oninvolved how to capitalizehandguns. on140 its In critical fact, niche,more continuemurders werecultivating committed the nextwith generationblunt objects of criticalthan were scholars, committed and ensurewith rifles. that141 the baton of outsider jurisprudence is passed along. Internally,Opponents the oforganization militarization has also shifted,point to includingcountless casesa gradual when changingmilitarized of policethe guardand inSWAT leadership, teams socaused to speak, property as welldamage, as a downsizingserious injuries, in administration.and wrongful deaths. For example,142 These frominstances 2008 highlight to the present,the two centralthe Board problems of Dire createdctors was by theintentionally militarization downsized, of American with apolice: growing mission number creep ofand Board violation seats of beingthe Castle occupied Doctrine. by junior law professors. 6 1. MissionAnother Creep major development is LatCrit’s acquisition of a physical space for the organization. The property, Campo Sano (SpanishWith for the “Camp proliferation Healthy,” of orSWAT more teams literally, in the“Camp United Sanity”), States, is aanother ten-acre symp parceltom of ofland militarization located in Central emerged: Florida. mission7 Purchased creep. 143by 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 militaryas a means equipment “to lwasevel necessary the playing in case field of aand rare giveschool LatCrit shooting activists or terrorist a 9 attackfighting but chance would thento be use heard.” the equipment The space for drug is intended raids); Bohm & Andersson, supra note 105 (reporting that the Sheriff of Richland County, North Carolina, defendedto hisserve Department’s as the acquisitionhub of theirof an educational,armored personnel research, carrier by saying advocacythat it would and save activism lives); Becker to remedy & Schulz, the supra imbalance note 24 (reportingand that a Fargo police Lieutenant defended the town’s recent acquisition of militarydeficiencies assault rifles, of Kevlar the helmets,current bomb legal detecting system. robots, Having and an armoredan vehicle independentby saying that Fargophysical did notbase face terrorismhas become threats criticalevery day asbut had to be prepared).universities and law schools increasingly are even less 136 OVERKILL, supra note 114, at 27. 137 CRIMINAL JUSTICE INFO. SERV. DIV., FEDERAL BUREAU OF INVESTIGATION, Crime in The United States 2011: Expanded Homicide Data TableNaming 8and, http://www.fbi.gov/aboutLaunching a New Discourse-us/cjis/ucr/crime of Critical-in -theLegal-u.s/2011/crime Scholarship-,in 2- theHARV-u.s.. L-ATINO2011/tables/expanded L. REV. 1 (1997).-homicide -data-table-8 (last visited July 31, 2014).See also LatCrit Biennial Conferences, LATCRIT: LATINA & LATINO CRITICAL138 Id. LEGAL THEORY, INC., http://latcrit.org/content/conferences/latcrit- biennial139 Id.-conferences/ (last visited July 5, 2013) (providing a list of the previous conferences,140 Id. and providing direct links to view symposia articles for some years141 Id.(found by following the respective year’s link to its corresponding webpage).142 See , e.g., RISE OF THE WARRIOR COP, supra note 109, at 288 (stating thatAdditionally, a Maricopa LatCritCounty hasSWAT developed team, led a substantialby recently body deputized of scholarship Steven Segal, from severaldrove a othertank standinto -thealone living symposia: room ofinter Jesus alia Llovera,the South who-North was Exchange, suspected the of cockfighting,Study Space andSeries, killed the Llovera’s International dog); andid. atComparative 291 (stating Colloquia.that a California LatCrit Symposiapolice officer, L ATshotCRIT and: L ATkilledCRIT a: boxerLATINA pup &py L ATINOand pregnant CRITICAL Chihuahua LEGAL T inHEORY 2012, IandNC. , thenhttp://latcrit.org/content/publications/latcrit claimed that the Chihuahua was caught-symposium/ in the crossfire (last aftervisited the boxerJuly 5, puppy 2014). threatened him); OVERKILL, supra note 114, at 37 (describing a 20036 noThese-knock include raid thatProfe wasssors mistakenly Marc-Tizoc conducted González, on theAndrea home Freeman, of 57-year and-old CésarAlberta Cuahtémoc Spruill, who García suffered Hernández. a fatal heartSee About attack LatCrit when , policesupra burstnote 3into (listing her thehome professors and deployed on the a flashbang LatCrit grenade).Board of Directors and their respective law schools).143 See Kenneth B. Nunn, Race, Crime and the Pool of Surplus Criminality: Or 7Why Campo the ‘WarSano ,On L ATDrugs’CRIT: WasLATINA a ‘WarAND OnLATINO Blacks’ CRITICAL, 6 J. GLENDEREGAL TRHEORYACE &, JINCUST, .http://www.latcrit.org/content/campo 381, 405 (2002) (stating that while- sano/the original (last visited purpose July of 5,SWAT 2014). teams was8 Id.responding to “extreme and dangerous situations . . . the ubiquity of SWAT9 Id. teams means that police departments often use their paramilitary Vol. 47:4 More Bang for Your Buck 149714771493

Missionfact, “[s]ome creep veterans is responsible of the warsfor the in Afghanistan“growing tendency and Iraq of policenoted thatdepartments the cops to useappeared SWAT better units-armed in routine and outfittedpolicing activity.”in middle144 AmericaSWAT thanteams the wereGIs hadoriginally been in theintended war zones.” to 9 respond The SWAT to extraordinarilyofficers also brought dangerous with situations, them a suchBearcat as hostage,armored sniper, vehicle, and10 terroristsimilar tosituations. the Mine145 Unfortunately,-Resistant Ambush SWAT Pteamsrotected and (“MRAP”)military tacticsvehicles are used increasingly by American being soldiersused to andexecute Marines search in warrants Iraq and146 forAfghanistan. non-violent Theoffenses Bearcat,147 or which to enforce costs regulatory $360,000, law.and 148much of the body Thearmor, average was purchasednumber ofwith yearly grant SWATfunds fromdeployments the Department nation wideof Homeland has increased Security. from11 approximately Since 2003, 3,000 the inSt. the Louis early 1980’sRegional to Responseabout 40,000 System, in 2001. a state149 The agency Governor’s that administers Office of CrimeDHS Controlgrants, hasand spentPrevention $9.4 millionreported of that,DHS ingrant 2012, funds there purchasing were 1,651 equipment SWAT teamfor police deployments departments in Maryland. in St. Louis150 County. The report12 also revealed that 89.5% Theof these police SWAT response deployments in Fergusonwere for thealso execution illustrated of search the pervasiveness of the warrior mentality. One Ferguson police officer said to the demonstrators: “Bring it. You f*****g animals, 13 bringunits for it.” routine Another law enforcem Fergusonent activities.”) police officer stated in a comment on Facebook144 WEBER that, supra “[t]hese note 101,protestors at 8. should be put down like a rabid dog145 the Researching first night.” the Police14 In-Military the evening Blur, supra of August note 99, 18 at and5. morning of August146 Id. 19, In Arlington,2014, six Texas,journalists a SWAT were team arrested executed whilea search covering warrant thefor marijuanasituation plantsin Ferguson. on an organic15 On farm.August Radley 19, Balko, a police Texas officer Police in Hit Ferguson Organic Farm with Massive SWAT Raid, HUFFINGTON POST, aimedhttp://www.huffingtonpost.com/2013/08/15/texas his rifle at peaceful protestors -andswat -teammedia-conducts members- and 16 yelled_n_3764951.html “I will f*****g (last updated kill you,Aug. 18,get 2013,back!” 7:26 AM).The Theofficers’ police conductheld the epitomizesresidents at gunpointthe for“us a -halfversus hour,-them” but found warrior no marijuana mentality plants. Id. Afterthat encouragesten hours the police police confiscatedofficers to blackberry treat American bushes, okrastreets and tomatilloas a warzone plants, andsunflowers, American and nativecitizens grasses. as the Id. enemy.A SWAT Indeed, team conducted “it seems a drug that raid some on the home of Ronald Terebesi in Easton, Connecticut. MariAn Gail Brown, A police officers have shed the blue uniform and have put on the Costly SWAT Raid Gone Wrong, CONNECTICUT POST, http://www.ctpost.com/local/article/Auniform and gear of the military,-costly bringing-SWAT-raid the-gone attitude-wrong -along with it.”4303215.php17 (last updated Feb. 23, 2013, 11:42 PM). In the mayhem of detonating flashbang grenades, one officer became confused. Id. Believing that he had been hit, the officer shot and killed Terebesi’s friend, Gonzalo Guizan. BeingId. The Used spokesman by Police in forFerguson the , ConnecticutTHE NATION (Aug.State 20,Police 2014), responded available atthat http://www.thenation.com/article/181315/catalog“[c]ertainly, this is not the result anyone would -want[.]”ferguson Id.-police -weaponry#. 1479 Mark See RThompson,ISE OF THE War WARRIOR Comes C Home:OP, supra The noteMilitarization 109, at 282 of (stating U.S. Police that whenForces ,the TIME popularity (Aug. 19,of Texas2014), Hold available ‘Em rose at httin p://time.com/3144818/fergusonthe 2000’s, police responded to- policeprivate-militarization games and -tournamentspic tures/. with SWAT raids). A SWAT team in Dallas, Texas10 Szoldra,raided asupra Veterans note of6. Foreign Wars post that held charity poker games. Id. 11In JulieGreenville, Bosman South & Matt Carolina Apuzzo, police In Wake raided of Clashes,a poker Callstournament to Demilitarize held by seventyPolice, -twoN.-year -oldY. AaronTIMES Awtry. (Aug.Id. at 283.14, When 2014), the policeavailable beating downat Awtry’shttp://www.nytimes.com/2014/08/15/us/ferguson door with a battering ram, Awtry thought-missouri he -wasin-wake being-of robbed-clashes and- firedcalls- tothrough-demilitarize the door,-police.html?_r=0. injuring one officer. Id. The police returned fire and Awtry12 Id. was struck once. Id. Other players stated that the police neither knocked13 Szoldra, nor supraidentified note themselves6. as police. Id. Awtry was charged with attempted14 Joshua murder, Berlinger, to which St-Louis he pled-area guilty officer in fired exchange after Facebookfor a reduced comments sentence on Fergusonof five years protests imprisonment., CNN (Aug. Id. 30, 2014), available at http://www.cnn.com/2014/08/29/us/officer148 See The Militarization of the Police-fired, -ferguson/. S.C. POLICY COUNCIL (Aug. 14, 2013),15 Brian Stelter,http://www.scpolicycouncil.org/research/budget/policemilitarization 6 more journalists arrested in Ferguson protests, CNN, http://www.cnn.com/2014/08/19/us/ferguson(reporting that SWAT teams have been used-journalists to enforce-arrested/ regulatory (last law updated such as underageAug. 19, 2014). drinking and barbering without a license). 14916 SashaResearching Goldstein, the Police Suburban-Military St. LouisBlur, supracop suspended note 99, at for 5. threatening to kill,150 pointing MD. STATISTICAL gun at media ANALYSIS in Ferguson, CTR., Mo.GOVERNOR, NEW Y’ORKS O DFFICEAILY NOFEWS CRIME (Aug. 20, 2014,CONTROL 6:59 & PM),PREVENTION available, T HIRDat http://www.nydailynews.com/news/national/st REPORT TO THE STATE OF MARYLAND - louisUNDER-area PUBLIC-suspended SAFETY-threatening ARTICLE -kill§ 3--media507 3 -(2012),ferguson available-artic le- 1.1911046.at http://www.goccp.maryland.gov/msac/documents/SWATRe17 Szoldra, supra note 6. port2012.pdf. 149814941168 47 JO HN MARS HALL L. REV. 149814941168 Vol. 47:4 warrants.different from151 More its predecessors, than half of particularlythe total SWAT since teamit had deployments the benefit wereof two foryears “Part of planning. II Crimes” and only involved the recovery and seizureLike of “illegalthe shift drugs in conferenceand other contraband.”scheduling, 152other changes have takenIn place Kenosha, within theWisconsin, LatCrit entitynine , agentsincluding from concerted the state’sefforts toDepartment continue aof process Natural of Resourcesinstitutionalization. (DNR) and In fourrecent deputy years, sheriffs there hasraided been an aanimal growing shelter focus in on search how toof capitalizea baby deer on153 its that critical was niche,killed continueon site. 154 cultivating One shelter the employee next generation described ofthe critical agents scholars,as “armed and to ensurethe teeth.” that155 the The bato DNRn ofsupervisor outsider jurisprudencetried to justify is DNR’s passed decision along. Internally,not to provide the priororganization notice tohas the shifted, shelter including by explaining a gradual that changingsheriffs’ departments of the guard do notin leadership,call ahead toso askto speak,for drugs as whenwell asth eya downsizingexecute a search in administration. warrant for narcotics. For example,156 from 2008 to the present,The theresult Board of missionof Directors creep was is evident:intentionally as SWAT downsized, teams with are aincreasingly growing number deployed of Boardfor routine seats beingpolice occupiedactivities, by nonjunior-violent law professors.offenders are6 subjected to violent assaults in their own homes. 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 ten151 -acreId. at parcel6. The ofreport land categorizeslocated in the Central “legal authorityFlorida. 7for Purchased activation” byof SWATLatCrit teams in 2011, as: thearrest space warrant, is home search to Thewarrant, Living barricade, Justice Centerexigent circandumstances, the LatCrit and “other.”Community Id. Campus. 8 The physical facility serves 152 Id. as 153a meansAnimals, “tomostly level the the family playing dog, are field frequently and give victims LatCrit of violent activists SWAT a 9 raids.fighting RISE chance OF THE to W beARRIOR heard.” COP, Thesupra space note 109, is intended at 290. In Maricopa County, Arizona a SWAT team conducted a raid using tear gas and an armoredto persoservennel ascarrier. the Radleyhub Balko,of their The Drugeducational, War Goes toresearch, the Dogs, CATO advocacyINSTITUTE (Apr.and 5,activism 2006), available to remedy at the imbalance and http://www.cato.org/publications/commentary/drug-war-goes-dogs. The targeteddeficiencies home caught offire, the and whencurrent a puppy legal tried system. to escape Having the flames, an a SWAT independentofficer chased himphysical back into basethe building has withbecome a fire extinguisher.critical as Id. The puppyuniversities burned to death.and law Id. Inschools Tampa, increasingly Florida a police are officer even headed 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 NamingHeights, andMaryland, Launching a Prince a NewGeorge’s Discourse County ofSWAT Critical team Legal burst Scholarshipinto the home, 2 HofARV the. town’sLATINO mayor. L. REV Mayor. 1 (1997). Wants Federal Probe after SWAT Raids House, KillsSee Dogs also, CNN LatCrit, http://www.cnn.com/2008/CRIME/08/07/mayor.warrant/ Biennial Conferences, LATCRIT: LATINA & L ATINO (last CupdatedRITICAL Aug. LEGAL 7, 2008, THEORY 7:47 ,PM). INC The., http://latcrit.org/content/conferences/latcrit SWAT team cuffed the mayor, forced him- biennialto the floor,-conferences/ and shot his(last two visited dogs. July Id. While5, 2013) there (providing are no nationala list of the statistics previous for conferences,such shootings, and it isproviding clear that direct police links officers to areview regularly sympos shootingia articles dogs for with some yearslittle or(found no provocation. by following RISE theOF THErespective WARRIOR year’s COP , linksupra to note its 109,corresponding at 290. Accordingwebpage). to a study by the National Canine Research Council, half of intentionalAdditionally, shootings LatCrit by policehas developed involve dogs, a substantial even though body there of scholarship are no from documentedseveral other cases stand of- alonea dog symposia:killing a police inter officer.alia the Mike South Carter,-North Half Exchange, of the IntentionalStudy Space Shootings Series, bythe Police International Involve Dogs, and StudyComparative Says, S EATTLEColloquia. TIMES LatCrit (Dec.Symposia 1, 2012),, LAT availableCRIT: LAT atC RIT: LATINA & LATINO CRITICAL LEGAL THEORY, http://seattletimes.com/html/localnews/2019809359_rosie02m.html.INC., http://latcrit.org/content/publications/latcrit-symposium/ (last visited July154 5, Jessica2014). Chasmar, 13 Wisconsin officials raid animal shelter to kill baby deer6 Thesenamed includeGiggles Profe, WASHINGTONssors Marc -TizocTIMES González, (Aug. 1,Andrea 2013), Freeman,available andat Césarhttp://www.washingtontimes.com/news/2013/aug/1/13 Cuahtémoc García Hernández. See About LatCrit-wisconsin, supra-officials note 3- raid(listing- theanimal professors-shelter- killon- ba/.the WisconsinLatCrit Board law forbidsof Directors the possession and their of respective wild animals. law schools).Id. The shelter received the baby deer from a family who feared that the deer had7 beenCampo abandoned, Sano, L andATC RIThad: plannedLATINA ANDbring L theATINO deer C RITICALto a wildlife LEGAL preserve THEORY the, IdayNC, afterhttp://www.latcrit.org/content/campo the raid. Id. -sano/ (last visited July 5, 2014). 1558 Id. Id. 1569 Id. Id. Vol. 47:4 More Bang for Your Buck 149914771495

2.fact,Violation “[s]ome of veteransthe Castle of Doctrine the wars in Afghanistan and Iraq noted that the cops appeared better-armed and outfitted in middle AmericaThe thanCastle the DoctrineGIs had isbeen rooted in the in war the zones.” principles9 The that SWAT “a [person’s]officers also house brought is his [orwith her] them castle” a157 Bearcat and that armored the home vehicle, “should10 besimilar protected to asthe a Mineplace- Resistantof refuge, Ambushpeace, and P rotectedsanctuary.” (“MRAP”)158 The Doctrinevehicles usedencompasses by American the idea soldiers that and“the Marinesstate is inpermitted Iraq and to violateAfghanistan. the home’s The sanctityBearcat, onlywhich under costs limited $360,000, circumstances, and much of only the asbody a armor,last resort,was purchased and only with under grant conditions funds from that the Departmentprotect the thresholdof Homeland from Security.unnecessary11 Sinceviolence.” 2003,159 Thethe knockSt. Louis-and -announceRegional ruleResponse “logically System, extends a statefrom agencythis entrenched that administers legal reverence DHS grants,for the home.”has spent160 $9.4The millionrule requiresof DHS grantthat fundslaw purchasingenforcement equipment officers forannounce police departmentstheir presence in St.to giveLouis residents County. 12an opportunity “to open the door[.]” The 161police response in Ferguson also illustrated the pervasivenessThe prevalence of the of warriorno-knock mentality. and quick -knockOne Ferguson raids162 ispolice the resultofficer saidof policeto the departmentsdemonstrators: choosing “Bring it.to Youuse f*****gdangerous animals, and aggressivebring it.”13 military Another tacticsFerguson163 policethat evinceofficer stateda lack in ofa commentconcern foron avoidingFacebook violence.that “[t]hese One protestorsstudy found should that morebe put than down eighty like apercent rabid ofdog SWAT the first team night.” deployments14 In the eveningwere for of no August-knock 18 and and quick morning-knock of Augustdrug raids 19, 2014,that involvedsix journalists forced wereentry. arrested164 These while raids covering are often the situationconducted in inFerguson. the pre15- dawnOn August hours. 19,165 a Theypolice frequentlyofficer in Ferguson involve aimedviolent hisforced rifle entry at peacefulwith battering protestors rams and or explosivesmedia members and use and of yelledflashbang “I willgrenades. f*****g166 kill Violent you, getgovernmental back!”16 Theintrusions officers’ intoconduct the epitomizeshome foreclose the the “us“opportunity-versus-them” to complywarrior with mentalitythe law andthat to encouragesavoid the policedestruction officers ofto property”treat American and streetsutterly asdestroy a warzone the and“elements American of privacy citizens and as dignity”the enemy. which Indeed, the knock“it seems-and -thatannounce some policerule and officers the Castle have Doctrineshed the are blue meant uniform to protect. and 167have put on the uniformAlthough and gear the ofSupreme the military, Court bringingof the United the attitude States alongheld withthat it.”the17 knock-and-announce rule “forms a part of the Fourth 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 Forces157 ,Miller TIME v. (Aug. United 19, States, 2014), 357 available U.S. 301, at 307htt p://time.com/3144818/ferguson(1958). - police158- militarizationRISE OF THE -WpicARRIOR tures/. COP, supra note 109, at 6. 15910 Szoldra, Id. supra note 6. 16011 JulieE. Martin Bosman Estrada, & Matt A ToothlessApuzzo, In Tiger Wake in of the Clashes, Constitutional Calls to DemilitarizeJungle: The “KnockPolice, andN. Announce Y. Rule”TIMES and the(Aug. Sacred 14, Castle 2014), Door , 16 availableU. FLA. J.L. at& Phttp://www.nytimes.com/2014/08/15/us/fergusonUB. POL’Y 77, 81 (2005). -missouri-in-wake-of-clashes- calls161-to Hudson-demilitarize v. Michigan,-police.html?_r=0. 547 U.S. 586, 589 (2006). 16212 Id. See Researching the Police-Military Blur, supra note 99, at 5 (stating that13 more Szoldra, than supra eighty note percent 6. of police paramilitary unit deployments were for no14 Joshua-knock andBerlinger, quick- knockSt-Louis drug-area raids officer involving fired after dynamic Facebook entries). comments on Ferguson163 Id. protestsat 6. , CNN (Aug. 30, 2014), available at http://www.cnn.com/2014/08/29/us/officer164 Id. Kraska refers to police paramilitary-fired-ferguson/. units, which is a broader term defining15 Brian a type Stelter, of police 6 moreunit intojournalists which SWAT arrested teams in Fergusonwould fit. protestsId. , CNN, http://www.cnn.com/2014/08/19/us/ferguson165 Id. at 5. -journalists-arrested/ (last updated Aug.166 19, Id. 2014). 16716 SashaHudson Goldstein,, 547 U.S. Suburbanat 594. St. Louis cop suspended for threatening to kill,168 pointing Wilson v.gun Arkansas, at media 514 in Ferguson,U.S. 927, 930Mo. ,(1995). NEW Y ORK DAILY NEWS (Aug. 20, 2014,169 6:59See RichardsPM), available v. Wisconsin, at http://www.nydailynews.com/news/national/st 520 U.S. 385, 394 (1997) (stating that a no- louisknock-area entry-suspended is permissible-threatening where-kill the-media police-ferguson have “reasonable-artic le-1.1911046. suspicion that knocking17 Szoldra, and supraannouncing note 6. their presence, under the particular circumstances, 150014961168 47 JO HN MARS HALL L. REV. 150014961168 Vol. 47:4 practicallydifferent from unenforceable. its predecessors,170 Given particularly the feeble since state it hadof thethe knockbenefit- andof two-announce years of rule,planning. the proliferation of, and increasing reliance on, SWATLike teams, the shiftmilitary in conferencetactics, and scheduling, no-knock othersearches changes will makehave violenttaken placepolice withinraids morethe LatCritcommonplace. entity , including concerted efforts to continue a process of institutionalization. In recent years, there has beenC. a growingAnother focusLook onat thehow Shooting to capitalize of Jose on Guerenaits critical niche, continue cultivating the next generation of critical scholars, and ensureA vthatideo therecording baton of theoutsider Guerena jurisprudence raid, filmed is bypassed one along.of the Internally,SWAT officers, the isorganization revealing. 171 hasThe videoshifted, clip includingbegins with a agradual shot of changingSWAT officers of the in guardan armored in leadership, vehicle soand to SWAT speak, officersas well in as the a downsizingyard near thein frontadministration. door. 172 The Forpolice example, vehicle sirenfrom is2008 sounded to thefor present,a total ofthe nine Board seconds of Dire afterctors which was intentionallySWAT officers downsized, near the withdoor acan growing be heard number speaking. of Board173 Then, seats just being thirty occupied-three seconds by junior into lawthe professors.video, the 6 door is kicked open. 174 At forty seconds, the officers beginAnother firing intomajor the development home. 175 Four is secondsLatCrit’s after acquisition the shooting of a physicalbegins, an space officer for moves the fromorganization. the yard Theto the property, door and Campobegins firingSano (Spanishhis pistol for into “Camp the Healhome.thy,”176 Thisor more officer, literally, who “Campis firing Sanity”), over the is shouldera ten-acre of parcel another of landoffice, located is clearly in Central unable Florida. to see 7 atPurchased what he byis shooting.LatCrit in177 2011, the space is home to The Living Justice Center and theOnly LatCrit thirty -Communityeight seconds Campus. passed 8 fromThe physicalthe first facility siren toserves the shootingas a means and “tokilling level of the Jose playing Guerena. field178 and Guerena, give LatCrit who was activists holding a anfighting AR-15, chance was forcedto be heard.”to make9 The a split space-second is intended 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 would deficienciesbe dangerous of orthe futile, current or tha legalt it wouldsystem. inhibit Having the aneffective investigationindependent of the crime.”) physical base has become critical as 170 Seeuniversities Hudson, 547 and U.S. law at 593schools-94 (holding increasingly that violation are ofeven the knockless 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”); NamingJessica M.and Weitzman, Launching Note, a NewThey DiscourseWon’t Come of KnockingCritical LegalNo More: Scholarship Hudson, v.2 HMichiganARV. LATINO and L.the R DemiseEV. 1 (1997). of the Knock-And-Announce Rule, 73 BROOK. L. REV. 1209,See 1218 also (2008) LatCrit (arguing Biennial that Conferencesbecause other, L ATdeterrenceCRIT: LATINA mechanisms & LATINO are Cineffective,RITICAL LtheEGAL exclusionary THEORY, INCrule., ishttp://latcrit.org/content/conferences/latcrit the only viable remedy for knock-and- biennialannounce-conferences/ violations). (last visited July 5, 2013) (providing a list of the previous conferences,171 Mike andMcDaniel, providing The directJose linksGuerena to viewShooting: sympos Updateia articles 1, Reprisedfor some, SyearsTATELY (found byM CfollowingDANIEL the respectiveMANOR year’s (Dec. link to its30, corresponding 2011), http://statelymcdanielmanor.wordpress.com/2011/12/30/thewebpage). -jose-guerena- shootingAdditionally,-update -1-LatCritreprised/. has developedThe author, a substantial Mike McDaniel, body of ascholarship former SWAT from severalofficer, analyzedother stand the-alone video symposia: recording interof the alia Guerena the South shooting-North inExchange, great detail. the Id.Study Space Series, the International and Comparative Colloquia. LatCrit Symposia172 Id. , LATCRIT: LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY, INC.173, Id.http://latcrit.org/content/publications/latcrit The SWAT officers can be heard speaking,-symposium/ but they (last are notvisited loud enoughJuly 5, 2014).to be understood in the video clip. See id. The siren sounds very similar6 These to a carinclude alarm Profe and ssorscould haveMarc -beenTizoc mistaken González, for Andrea one. See Freeman, id. The siren and alsoCésar could Cuahtémoc have been García mistaken Hernández. for a passing See About emergency LatCrit vehicle., supra See note id. 3 (listing the 174professors Id. on the LatCrit Board of Directors and their respective law schools).175 Id. 1767 Campo Id. Sano, LATCRIT: LATINA AND LATINO CRITICAL LEGAL THEORY, INC,177 http://www.latcrit.org/content/campo Id. -sano/ (last visited July 5, 2014). 1788 Id. Family of Jose Guerena, supra note 30. 1799 Id. See McDaniel, supra note 171 (stating that only seven seconds passed Vol. 47:4 More Bang for Your Buck 150114771497 tookfact, his“[s]ome life. 180veterans This raid of tillustrateshe wars in how Afghanistan police, armed and like Iraq soldiers noted thatand steeledthe cops with appeareda warrior better mentality,-armed are and quick outfitted to use inaggressive middle Americamilitary tacticsthan the that GIs treat had an been Arizona in the home war like zones.” the 9battlefield The SWAT and officersan innocent also Americanbrought citizenwith themlike the a enemy.Bearcat armored vehicle, 10 similar to the Mine-Resistant Ambush Protected (“MRAP”) vehicles used by AmericanIV. PsoldiersROPOSAL and Marines in Iraq and Afghanistan. The Bearcat, which costs $360,000, and much of the body Reversingarmor, was the purchased militarization with granttrend funds will fromrequir thee nothingDepartment less thanof Homeland a nationwide Security. 11movement. Since 2003,This the section St. Louis proposes Regional a Responsecomprehensive, System, top a- downstate agencyapproach that to administersdemilitarization. DHS grants,While hassome spent of the $9.4 proposed million measures of DHS maygrant seem funds extreme, purchasing the first equipment step in forthe policeopposite departments direction always in St. Louislooks County.like a big12 one. The police response in Ferguson also illustrated the pervasiveness of theA. Recognizinwarrior mentality.g the Problem One Ferguson police officer said to the demonstrators: “Bring it. You f*****g animals, bringReports it.”13 Anotherof botched Ferguson SWAT police raids, officer excessively stated in violent a comment tactics, on andFacebook civilian that “[t]hesecasualties protestors are oftenshould disregardedbe put down aslike “isolateda rabid incidents.”dog the first181 nThus,ight.” 14the In firstthe evening step to of reformAugust 18is andincreasing morning the of Augustattention 19, paid 2014, to sixthe journalistsissue of police were militarization.arrested while Thecovering ACL U’sthe situationlaunch of in aFerguson. nationwide15 Oninvestigation August 19, ainto police the officer militarization in Ferguson of aimedpolice ishis a goodrifle start.at peaceful182 More protestors is needed. and media members and yelledTo “I pushwill militarizationf*****g kill you, into get the back!” national16 Thespotlight, officers’ the conduct House ofepitomizes Representatives the should“us-versus pass-them” a resolution warrior for thementality formation thatof a specialencourages committee police officersto investigate to treat Americanmilitarization. streets The as aresolution warzone shouldand American specify citizensthe scope as theof enemy.the investigation. Indeed, “it seemsThe committeethat some shouldpolice officersinvestigate have howshed militarizationthe blue uniform works and on have the putground on theby studyinguniform and(1) gearthe of prevalencethe military, and bringing frequency the attitude of SWAT along withand paramilitaryit.”17 -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 http://www.thenation.com/article/181315/catalogsurveillance technology against civilians.-ferguson The -committeepolice-weaponry#. should 9 Mark Thompson, War Comes Home: The Militarization of U.S. Police Forces, TIME (Aug. 19, 2014), available at http://time.com/3144818/ferguson- policefrom -themilitarization time that -thepic tures/.SWAT officers kicked in the door to the time that they opened10 Szoldra, fire on supraGuerena). note 6. 18011 JulieSee JoseBosman Guerena & Matt Killed Apuzzo,, supra In noteWake 25 of (statingClashes, that Calls Guerena, to Demilitarize armed withPolice an, ARN.-15, neverY. firedTIMES his weapon (Aug. at the 14,SWAT officers2014), thatavailable killed him). at http://www.nytimes.com/2014/08/15/us/ferguson181 OVERKILL, supra note 94, at 43. Balko-missouri argues- inthat-wake these-of-clashes raids -are occurringcalls-to-demilitarize with “disturbing-police.html?_r=0. regularity” and that “[t]hey can’t all be isolated incidents.”12 Id. Id. The CATO Institute created an interactive map of botched police13 Szoldra,raids. supraBotched note 6. Paramilitary Police Raids, CATO INSTITUTE, http://www.cato.org/raidmap14 Joshua Berlinger, St-Louis (last-area visited officer July fired after31, 2014).Facebook The comments raids are on rFergusoneferred to protests as an “epidemic, CNN (Aug. of 30,‘isolated 2014), incidents.’” available atId. http://www.cnn.com/2014/08/29/us/officer182 See ACLU Launches Nationwide-fired Investigation-ferguson/. into Police Use of Military15 Brian TechnologyStelter, 6 more & journalists Tactics arrested, ACLU in Ferguson(Mar. protests6, , 2013),CNN, https://www.aclu.org/criminalhttp://www.cnn.com/2014/08/19/us/ferguson-law-reform/aclu-journalists-launches-arrested/-nationwide (last- updated Aug.investigation 19, 2014).-police -use-military-technology-tactics [hereinafter ACLU Launches16 Sasha Nationwide Goldstein, InvestigationSuburban St.]. LouisThe ACLUcop suspended filed more for than threatening 225 public to kill,records pointing requests gun in at 23 media states, in seeking Ferguson, information Mo., NEW concerningYORK DAILY law NEWS enforcement (Aug. 20, 2014,agencies’ 6:59 use PM), of SWATavailable teams, at andhttp://www.nydailynews.com/news/national/st “cutting edge weapons and technologies.”- louisId. The-area ACLU-suspended will use-threatening the information-kill-media to recommend-ferguson-artic legal le -reform1.1911046. concerning the 17use Szoldra, of military supra tactics note 6. and technology by law enforcement agencies. Id. 150214981168 47 JO HN MARS HALL L. REV. 150214981168 Vol. 47:4

alsodifferent address from theits predecessors,federal government’s particularly role since in itmilitarization had the benefit by examiningof two years the of planning.allocation and expenditure of HSGP grant funds and Likethe 1033 the Programshift in conferenceequipment scheduling,transfers. Afterother completing changes have the takeninvestigation, place within the committee the LatCrit should entity issue, including a report concerted of its findings efforts toand continue recommendations a process of institutionalization.to Congress and In recentthe public. years,183 there A hasCongressional been a growing investigation, focus on howsuch to ascapitalize the one on proposedits critical in niche, this continuecomment, cultivating can, according the nextto Senator generation Sam Ervin,of critical act asscholars, a “catalyst and ensurethat spurs that Congress the bato andn of the outsider public jurisprudenceto support vital is reformspassed inalong. our Internally,nation’s laws.” the184 organization has shifted, including a gradual changing of the guardB. inMeaningful leadership, Reform so to speak, as well as a downsizing in administration. For example, from 2008 to the present, An they plansBoard offor Dire reformctors wasmust intentionally first recognize downsized, that withthe amilitarization growing number of police of isBoard one seatsof the beingmost occupiedinsidious byand junior pervasive law professors.threats to 6 Americans’ civil rights. 185 Reform must address the militarizationAnother majorproblem development from all sides is atLatCrit’s the national, acquisition state, ofand a localphysical levels space. for the organization. The property, Campo Sano (Spanish for “Camp Healthy,” or more literally, “Camp Sanity”), is 1.a Nationalten-acre parcel of land located in Central Florida. 7 Purchased by LatCrit in 2011, the space is home to The Living Justice Center and theThe LatCritflow of Communitygrant funds Campus. and military8 The physical equipment facility from serves the federalas a means government “to level to thestate playing and local field governmentsand give LatCrit has acceleratedactivists a thefighting militarization chance to beof heard.” police9 Theby spacefacilitating is intended the formation and outfitting of SWAT teams and other paramilitary units. Congress’ goal shouldto serve be toas stopthe bothhub theof flowtheir of educational,funds and theresearch, transfer of equipment.advocacy To andachieve activism this to result,remedy Congressthe imbalance should and enact legislationdeficiencies that would of thediscontinue current thelegal HSGP system. and 1033Having Program. an Theindependent legislation physical should baserepeal has6 U.S.C.become Sections critical 601as- 613, which universitiescreated the and HSGP law andschools the increasinglyprograms that are falleven within less it, including the SHSP, UASI, and LETPP.186 The legislation should also repeal 10 U.S.C. Section 2576, which created the 1033 187 NamingProgram. and LaunchingEntirely eliminatinga New Discourse these ofprograms Critical Legalis the Scholarship best way , to2 HscaleARV. LbackATINO theL. R EVflow. 1 (1997).of federal dollars and military equipment to localSee law also enforcement LatCrit Biennial agencies. Conferences , LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY, INC., http://latcrit.org/content/conferences/latcrit- biennial-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).183 A good example of the national attention that a congressional investigationAdditionally, is capableLatCrit ofhas attracting developed can a substantialbe seen from body the of 9/11scholarship Commission from Report,several otherwhich standwas reprinted-alone symposia: as a book inter and alia quickly the South became-North a best Exchange, seller. Evan the Thomas,Study Space Tragicomic Series, Talethe Internationalof the 9/11 Reportand Comparative, N.Y. TIMES Colloquia. (Feb. 4, LatCrit2008), availableSymposia ,at Lhttp://www.nytimes.com/2008/02/04/books/04thom.html?_r=0.ATCRIT: LATCRIT: LATINA & LATINO CRITICAL LEGAL THEORY , INC.184, Ahttp://latcrit.org/content/publications/latcrit History of Notable Senate Investigations-symposium/, UNITED STATES(last SENATEvisited, http://www.senate.gov/artandhistory/history/common/briefing/Investigations.hJuly 5, 2014). tm 6(last These visited include July Profe 31, ssors2014). Marc Senator-Tizoc SamGonzález, Ervin Andreawas chairman Freeman, of andthe WatergateCésar Cuahtémoc Committee. García Id. Hernández. See About LatCrit, supra note 3 (listing the 185professors ACLU Launches on the NationwideLatCrit Board Investigation of Directors, supra and note their 182. respective The ACLU’s law schools).advocacy and policy strategist, Allie Bohm, stated that “[t]he militarization of local7 policeCampo is Sanoa threat, LAT toC Americans’RIT: LATINA right AND toL ATINOlive without CRITICAL fear LofEGAL military THEORY-style, IinterventionNC, http://www.latcrit.org/content/campo in their daily lives[.]” Id. -sano/ (last visited July 5, 2014). 1868 Id. 6 U.S.C. §§ 603-605, 607 (2012). 1879 Id. 10 U.S.C. § 2576 (2012). Vol. 47:4 More Bang for Your Buck 150314771499

2.fact,State “[s]ome veterans of the wars in Afghanistan and Iraq noted that the cops appeared better-armed and outfitted in middle AmericaAt the than state the level, GIs hadthe goalbeen should in the be war to promotezones.” 9 transparency The SWAT ofofficers law enforcementalso brought activities. with themTransparency a Bearcat is essentialarmored becausevehicle, 10it increasessimilar to accountabilitythe Mine-Resistant in police Ambush departments Protected and, (“MRAP”) thus, encouragesvehicles used best by practices. American soldiers and Marines in Iraq and Afghanistan.To promote The transparency Bearcat, which states costs should $360,000, enact and legislation much of that the requiresbody armor, law wasenforcement purchased agencies with grant to produce funds from and thepublish Department annual reports.of Homeland188 The Security. reports11 should Since describe2003, thethe St. frequency Louis R egionalof the Responsedeployment System, of SWAT a state teams agency and thatother administers paramilitary DHS units, grants, the hascircumstances spent $9.4 justifyingmillion of the DHS deployments, grant funds and purchasing the outcome equipment of the fordeployments. police departments The reports in St.should Louis also County. describe12 the use of no-knock warrants The endpolice explain response the circumstancesin Ferguson justifyingalso illustrated their use.the pervasivenessFinally, the reports of the should warrior describe mentality. all officer One-involved Ferguson shootings, police officerany attendantsaid to the casualtiesdemonstrators: and “Bringproperty it. Youdamage, f*****g andanimals, the bringcircumstances it.”13 Another surrounding Ferguson such police occurrences. officer stated in a comment on FacebookRequiring that “[t]heselaw protestorsenforcement should agencies be put downto reportlike a rabidthis doginformation the first ton ight.”the state14 In willthe eveninggive lawmakers of August a 18clearer and morning picture ooff Augustthe militarization 19, 2014, six problem. journalists The were reports arrested could while becovering used theto situationdetermine, in forFerguson. example,15 Onwhether August SWAT 19, a teampolice deploymentsofficer in Ferguson occur aimedtoo frequently his rifle or atwithout peaceful good protestors cause, whether and media no-knock members warrants and yelledare becoming “I will f*****gstandard kill practice, you, get and back!” whether16 TheSWAT officers’ teams conduct cause epitomizesmore civilia n thecasualties “us- versusthan the-them” average warrior police officer.mentality that encouragesIn addition police toofficers the toreporting treat American requirement, streets the as alegislation warzone andshould American require citizens audiovisual as the recording enemy. Indeed,of police “it seemsactivities that whensome policeserving officers a warrant have for shed which the forcedblue uniformentry is necessary.and have Audiovisualput on the uniformrecordings and of gear officers of the serving military, warrants bringing would the attitude be advantageous along with it.”both17 to law enforcement agencies and to the public. 189 They could

Being188 UMarylandsed by Police passed in Ferguson a SWAT, T HEteam N ATIONreporting (Aug. statute 20, 2014), in theavailable wake atof a botchedhttp://www.thenation.com/article/181315/catalog SWAT raid on the home of the Mayor- fergusonof Berwyn-police Heights,-weaponry#. Maryland during9 Mark which Thompson, the mayor’s War two Comes dogs wereHome: shot. The SeeMilitarization supra note of153. U.S. The Police law, signedForces , intoTIME effect (Aug. in 2009,19, 2014), requires available law enfor at cementhttp://time.com/3144818/ferguson agencies in the state that- policemaintain-militarization SWAT -teamspic tures/. to report “specific activation and deployment information.”10 Szoldra, Lawsupra Enforcement note 6. , GOVERNOR’S OFFICE OF CRIME CONTROL & PREVENTION11 Julie Bosman, http://www.goccp.maryland.gov/msac/law & Matt Apuzzo, In Wake of Clashes,-enforcement.php Calls to Demilitarize (last Policevisited, JulyN. 31 , 2014).Y. TIMES (Aug. 14, 2014), available at http://www.nytimes.com/2014/08/15/us/ferguson189 See OVERKILL, supra note 114, at 42 (stating-missouri that- in“forced-wake raids-of-clashes should- becalls videotaped,”-to-demilitarize which-police.html?_r=0. would “serve to clear up any doubts about whether or not 12police Id. knocked and announced themselves or how long they waited between13 Szoldra, announcement supra note and 6. entry”). Civilians’ recording of police conduct may also14 encourage Joshua Berlinger, transparency St-Louis and- areaaccountability. officer fired See after Dugald Facebook McConnell comments & on BrianFerguson Todd, protests Eyewitness, CNN (Aug. to Miami 30, 2014), Beach availableShooting atAlleges Police Misconduct, http://www.cnn.com/2014/08/29/us/officerCNN (June 14, 2011, 11:30 AM), -fired-ferguson/. http://www.cnn.com/2011/CRIME/06/015 Brian Stelter, 6 more journalists7/florida.shooting.witness/ arrested in Ferguson protests(reporting, CNN , http://www.cnn.com/2014/08/19/us/fergusonthat Narces Benoit, a witness to a police shooting-journalists who- usedarrested/ his cell(last phone updated to recordAug. 19, police 2014). officers firing into a suspect’s vehicle, was spotted by police officers16 Sasha who thenGoldstein, chased Suburban him back St.to hisLouis vehicle, cop suspendedhandcuffed forhim, threatening and to kill,destroyed pointing his cellphone).gun at media When in Ferguson, the officers Mo. approached, NEW YORK Benoit’s DAILY Nvehicle,EWS (Aug. they 20, 2014,pointed 6:59 their PM), firearms available at Benoit at andhttp://www.nydailynews.com/news/national/st one officer put a firearm to his girlfriend’s- louishead.- areaId. Benoit-suspended was -ablethreatening to remove-kill the-media memory-ferguson card -fromartic lehis-1.1911046. cellphone, but said17 that Szoldra, others’ supra cellphones note 6. were destroyed as well. Id. The suspect, Raymond 150415001168 47 JO HN MARS HALL L. REV. 150415001168 Vol. 47:4 vindicatedifferent fromofficers its predecessors,falsely accused particularly of wrongdoing since 190it had in theserving benefit a ofwarrant two years and of confirmplanning. honest claims of police abuse made by civilians.Like191 the The shift recordings in conference would scheduling, also encourage other bestchanges practices have takenamong placepolice within officers the and LatCrit discourage entity the, including violent, shootconcerted-first tacticsefforts tothat continue come a withprocess the of institutionalization.warrior mentality. In192 recent The years, increased there hastransparency been a growing and accountabilityfocus on how towould capitalize also helpon its to critical restore niche, the continuepublic’s trust cultivating in the police.the next generation of critical scholars, and ensureIn thatthe cthease batoof Josen of Guerena,outsider jurisprudencefor example, theis passedvideo, along.which Internally,was recorded the by organizationan officer near has the shifted, driveway, including painted aa storygradual far changingdifferent fromof the that guard told inby leadership,the SWAT soofficers. to speak,193 What as wellthe videoas a downsizingdid not show, in however,administration. was what For the example, officers sawfrom after2008 breaking to the present,down Guerena’s the Board door. of ADire helmetctors camerawas intentionally worn by the downsized, officers in with the adoorway growing could number have ofcaptured Board seatswhat beinghappened occupied before by they junior opened 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 physicalBrown, The space Killing for of Raymondthe organization. Herisse: 116 ShotsThe thatproperty, Shook SouthCampo Beach Sano, (SpanishMIAMI HERALD for “Camp(May 25, Heal 2013),thy,” availabl or moree at literally, “Camp Sanity”), is ahttp://www.miamiherald.com/2013/05/25/3417050/the ten-acre parcel of land located in Central Florida.-killing-of7 -Purchasedraymond- by LatCritherisse.html. in 2011,Four bystanders the space were is alsohome injured, to The and Livingit was later Justice determined Center andthat Herissethe LatCrit never firedCommunity his weapon Campus. as the officers8 The initially physical claimed. facility Id. Theserves witness videos contradicted claims by the officers that Herisse was traveling asat aa high means rate of“to speed. level Id. the More playing than two field years and after give the LatCritshooting, activiststhe a 9 fightingcriminal investigationchance to be remains heard.” open The and spacenone of is the intended officers have been charged. Exclusive: Victims Recall Being Shot by Cops on SoBe, Still Don’t Know Whyto ,serve CBS MIAMIas the(June hub 24, 2013,of their11:29 PM),educational, research, http://miami.cbslocal.com/2013/06/24/exclusiveadvocacy and activism to remedy-v ictims the- recallimbalance-being-shot and-by - cops-on-sobe-still-dont-know-why/. deficiencies of the current legal system. Having an 190 RISE OF THE WARRIOR COP, supra note 109, at 323. Lisha Michelle Weaverindependent accused a police physical officer in baseSpanish has Fort, becomeAlabama ofcritical rape. Dashas cam clears universitiesAla. officer andaccused law ofschools rape, PincreasinglyOLICEONE.COM are (Sept. even 18,less 2012), http://www.policeone.com/police- products/investigation/cameras/articles/5984040-Dash-cam-clears-Ala-officer- accused-of-rape/. Weaver claimed that, after the officer arrested her, he pulled Namingover during and the Launching drive to thea New station Discourse and raped of her.Critical Id. ButLegal the Scholarship dash camera, 2 HvideoARV . showedLATINO L.the R EVofficer. 1 (1997). driving straight to the station, stopping only for trafficSee lights.also Id.LatCrit The officerBiennial was clearConferencesed of any, Lwrongdoing,ATCRIT: LATINA and Weaver& LATINO was CchargedRITICAL with LEGAL filing TaHEORY false report., INC. , Id.http://latcrit.org/content/conferences/latcrit - biennial191 Askia-conferences/ Sabur was (last found visited not July guilty 5, 2013) on charges(providing of aaggravated list of the previousassault, disarmingconferences, a policeand providingofficer, and direct resisting links arrest.to view Lauren sympos DiSantoia articles & Rosemaryfor some Connors,years (found Man byBeaten following by Police the Clearedrespective of Wrongdoingyear’s link , toNBC its PcorrespondingHILADELPHIA, http://www.nbcphiladelphia.com/news/local/Manwebpage). -Beat-by-Police-Cleared-of- WrongdoingAdditionally,-191880261.html LatCrit has (lastdeveloped updated a substantial Feb. 19, 2013, body 7:17 of scholarship PM). The policefrom severalofficers otherclaimed stand that-alone Sabur symposia: was standing inter inalia front the Southof the- Northdoor of Exchange, a restaurant, the andStudy when Space they Series, asked thehim International to move he andstruck Comparative one of the Colloquia.officers. Id. LatCrit But a Symposiacellphone , videoLATC RITshot: LbyAT CaRIT witness: LATINA showed & L ATINOthe officers CRITICAL tackling LEGAL Sabur THEORY and, IbeatingNC., http://latcrit.org/content/publications/latcrithim for at least two and a half minutes with-symposium/ a baton as (lasthe shouted visited “I Julydidn’t 5, do 2014). nothing wrong.” Id. It took the jury less than an hour to find Sabur innocent.6 These Id. include Professors Marc-Tizoc González, Andrea Freeman, and César192 RCuahtémocISE OF THE García WARRIOR Hernández. COP, supra See noteAbout 109, LatCrit at 323., supra note 3 (listing the 193professors See Radley on Balko, the LatCritJose Guerena’s Board ofFamily Directors Sues Pimaand their County respective over SWAT law schools).Raid Killing , HUFFINGTON POST, http://www.huffingtonpost.com/2011/07 Campo Sano, LATCRIT: LATINA8/17/jose AND LATINO-guerena CRITICAL-pima-county LEGAL- THEORY, Ilawsuit_n_926454.htmlNC, http://www.latcrit.org/content/campo (last updated Aug.-sano/ 17, 2011, (last 6:12visited AM) July (stating 5, 2014). that the 8video Id. of the SWAT raid on Guerena’s home raised more questions about the 9officers’ Id. account of the raid). Vol. 47:4 More Bang for Your Buck 150514771501

firefact, down“[s]ome the veteranshallway. ofThe the video wars would in Afghanistan have dispelled and much Iraq ofnoted the thatcontroversy the cops surrounding appeared Guerena’sbetter-armed death and and outfittedwould have in beenmiddle a crucialAmerica piece than of theevidence GIs had in thebeen investigation in the war thatzones.” followed.9 The SWAT officers also brought with them a Bearcat armored vehicle, 10 3.similarLocal to the Mine-Resistant Ambush Protected (“MRAP”) vehicles used by American soldiers and Marines in Iraq and Afghanistan. At the localThe Bearcat,level, the which primary costs goal $360,000, should beand to much change of the warriorbody armor, mentality was purchased to a public with servant grant funds mentality. from the This Department could be accomplishedof Homeland bySecurity. eliminating11 Since any 2003, military the St.training Louis currentlyRegional Responseconducted System,by police a statedepartments agency thatand discontinuingadministers DHS the grants,use of hasmilitary spent weapons, $9.4 million equipment, of DHS and grant uniforms. funds purchasing equipment for police Discontinuing departments the in useSt. Louisof military County. training12 will be especially effective The in policecombating response the warriorin Ferguson mentality. also194 illustratedPolice officers the wouldpervasiveness no longer of thebe warriortrained mentality.to use excessiv One elyFerguson violent policeand aggressiveofficer said tacticsto the againstdemonstrators: an enemy. “Bring Ending it. You police f*****g officers’ animals, use of militarybring it.” 13weapons, Another equipment, Ferguson policeand uniformsofficer stated would in afurther comment erode on theFacebook warrior that mentality.“[t]hese protestors Removing should military be put paraphernalia down like a rabidfrom policedog the departments first night.” 14will In discourage the evening officers of August from 18 “accept[ing]and morning the of militaryAugust 19,as a2014, model six for journalists their behavior” were 195arrested and “adopting while covering the tactics the situationand mindset” in Ferguson.196 of the 15military. On August 19, a police officer in Ferguson aimed his rifle at peaceful protestors and media members and yelled “I will f*****g killV. you,CONCLUSION get back!” 16 The officers’ conduct epitomizes the “us-versus-them” warrior mentality that encouragesAcross policethe United officers States, to treat police American departments streets are as engageda warzone in anand arms American race fueledcitizens by as the the federal enemy. government. Indeed, “it DHSseems grants that some and militarpolice officersy equipment have shedgiveaways the blue are uniform transforming and have the put American on the policeuniform force. and gearPolice of departmentsthe military, havebringing 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#. 1949 Mark Military Thompson, training hasWar become Comes moreHome: effecti The veMilitarization at teaching menof U.S. to kill. Police See ForcesDAVE , GTIMEROSSMAN (Aug., O19,N K2014),ILLING available: THE P atSYCHOLOGICAL http://time.com/3144818/ferguson COST OF LEARNING- policeTO KILL-militarization IN WAR AND-pic tures/.SOCIETY 252 (2009)(discussing how the United States Army10 Szoldra,decreased supra the notepercentage 6. of soldiers who did not fire their weapons in combat11 Julie from Bosman about &eighty Matt percentApuzzo, inIn WorldWake ofWar Clashes, II to Callsonly fiveto Demilitarize percent in Vietnam).Police, TheN. UnitedY. StatesTIMES Army (Aug. was able14, to achieve2014), this availableby focusing onat psychologicalhttp://www.nytimes.com/2014/08/15/us/ferguson training that overcame the innate-missouri resistance-in -thatwake people-of-clashes have- to killingcalls-to -anotherdemilitarize human-police.html?_r=0. being. Id. at 252-53. Two of the methods used were desensitization12 Id. and conditioning. Id. at 253. In desensitization, people are trained13 Szoldra, to think supra of notethe 6.enemy as different from themselves, as less than human,14 Joshua or even Berlinger, as animals. St-Louis Id.-area at officer254. Conditioning fired after Facebook is possibly comments the most on Fergusonimportant protestsaspect , CofNN military (Aug. 30,training, 2014), availableand develops at “reflexive ‘quick shoot’ http://www.cnn.com/2014/08/29/us/officerability.” Id. at 253-54. This is achieved by-fired using-ferguson/. realistic pop-up targets as the “conditioned15 Brian stimulus,”Stelter, 6 andmore the journalists immediate arrested shooting in of Ferguson the target protests as the ,“target CNN, http://www.cnn.com/2014/08/19/us/fergusonbehavior.” Id. at 256. The result of conditioning-journalists is -toarrested/ make killing(last aupdated reflex. Aug.With 19,the 2014). methods and results of military training in mind, it is easy to see how16 militarySasha Goldstein, training Suburbancreates the St. warriorLouis cop mentality suspended and for why threatening eliminating to kill,military pointing training gun atof mediapolice in officers Ferguson, is Mo.essential, NEW YtoORK changing DAILY N EWSthe (Aug.warrior 20, 2014,mentality. 6:59 PM), available at http://www.nydailynews.com/news/national/st- louis195-area WEBER-suspended, supra- notethreatening 101, at -1.kill -media-ferguson-artic le-1.1911046. 19617 Szoldra, Id. at 2. supra note 6. 150615021168 47 JO HN MARS HALL L. REV. 150615021168 Vol. 47:4 mentality,different from police its officerspredecessors, now bear particularly little resemblance since it had to thewhat benefit they onceof two were. years Ourof planning. Founding Fathers would undoubtedly struggle to differentiateLike the betweenshift in conferencetoday’s “peace scheduling, officers” other and changes American have takensoldiers. place within the LatCrit entity, including concerted efforts to continueThe militarization a process of ofinstitutionalization. police and the prevalence In recent of years,violent there haspolice been raids a growingundercut focus the Americanon how to tradition capitalize of oncivil its law critical niche, continueenforcement cultivating and the ancientthe next principle generation that ofthe critical home shouldscholars, be and ensureprotected that as athe place bato ofn refuge. of outsider Addressing jurisprudence the grave is threat passed to along. Internally,liberty posed the by militarizationorganization willhas requireshifted, more including than legal a reform.gradual changingAs Judge Learnedof the guardHand declared:in leadership, “Liberty so tolies speak, in the ashearts well of as a downsizingmen and women; in administration. when it dies there, For noexample, constitution, from no2008 law, tono the present,court can the save Board it[.]” 197of Directors was intentionally downsized, with 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/latcrit- biennial -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 Ray Jenkins, Learned Hand and -thesano/ Spirit (last of visited Liberty July, THE 5, B2014).ALTIMORE SUN8 Id.(May 18, 1994), available at http://articles.baltimoresun.com/1994-05- 18/news/1994138163_1_learned9 Id. -hand-speech-quoted.