Should law enforcement have military weapons and tanks?

When a white police officer shot and killed an unarmed black teenager in Ferguson, Missouri, people watching the news may have noticed local law enforcement units utilizing gear that is usually reserved for members of the military. NPR reported that members of law enforcement had assault rifles, wore protective, military-style gear and even rolled through the streets in armored vehicles.

Many worry that militarizing law enforcement here in Minnesota and across the country causes more harm than good, and they say there are not enough safeguards in place to prevent problems, such as equipment going missing. In fact, the matter has become so serious that even Congress will hold a hearing on the subject.

The problem with militarizing law enforcement

NPR reports that a Missouri senator is leading the charge in Washington to prevent a militarized police force from committing an abuse of power. She calls into question a ack of requirements that endanger the Pentagon’s military surplus program, including the following:

  • How is the military-grade equipment used on a local level?
  • Are members of law enforcement getting the proper training?
  • Who is paying for the million-dollar equipment?

As more law enforcement agencies receive such high-level equipment, research has shown that there has been an increase of military-style police raids. The Pentagon’s Defense Logistics Agency, which disburses military equipment to local law enforcement, does not currently tell those agencies how to use the items. However, there are annual inventory requirements, and Minnesota is one of three states that have been suspended from the surplus program because of reporting problems.

Minnesota’s equipment

Despite the state’s suspension, Minnesota is still able to keep the equipment it had already collected, whereas there are several agencies across the country that have been forced to return items. According to a report from the Associated Press, Minnesota law enforcement agencies have amassed roughly 3,300 firearms and 40 pairs of night-vision goggles from the military surplus program, totaling nearly $10 million in equipment.

The report quotes the executive director of the Minnesota Chiefs of Police Association as saying that the new items are not used in a military fashion in the state, but having the equipment is important. For example, the Anoka Police Department is in possession of a grenade launcher, but the chief of police claims that it would only be used to deploy tear gas.

Without the proper constraints in place to guide how military-style equipment is used in small communities, there is no guarantee that law enforcement will not abuse tanks, grenade launchers and assault rifles.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.