On June 11 Governor Kate Brown signed HB 2481, which restricts police departments from acquiring certain types of surplus federal military equipment, including armed drones, grenades and grenade launchers, and firearms silencers. City police departments must obtain written approval from the city council before acquiring any other military surplus equipment. County sheriffs must notify the board of county commissioners at least 5 days before asking the federal government for surplus property, but don't have to get the county commission's approval. The bill as introduced would also have prohibited police departments from acquiring surplus "militarized combat, assault or armored vehicles," a provision that the legislature dropped.
To the man with a hammer, everything looks like a nail. To the police department with combat gear, everything looks like a battlefield. HB 2481 is a fine start toward restoring the distinction between the United States military and local law enforcement. Let's continue the work.
One quirk of many American municipal police departments, including Portland's, is that they are structured on military lines, from chain of command down to the titles of the officers: sergeants report to lieutenants, who report to captains. Compare our fondness for organizing police forces as paramilitary operations with the titles that the British chose for their police officers: from lowest to highest they are Constable, Sergeant, Inspector, Chief Inspector, Superintendent, and Chief Superintendent. Only one of those ranks, Sergeant, is drawn from a military title, and above the Chief Superintendents the titles revert to variations on the entry-level position: Assistant Chief Constable, Deputy Chief Constable, and Chief Constable. Sir Robert Peel chose the names of those ranks deliberately, to avoid the constabulary being seen in the image of an additional military force, consistent with the nine policing principles that he set to paper in 1829. His first principle of policing was "To prevent crime and disorder, as an alternative to their repression by military force and severity of legal punishment." The second, relevant in Portland today, was "To recognize always that the power of the police to fulfill their functions and duties is dependent on public approval of their existence, actions and behaviour, and on their ability to secure and maintain public respect."
I don't intend to suggest that Portland could cure its policing ills with a change of name, though it would be a good start. I do believe that if we assign military ranks to our police officers, train them in military thinking, and give them military equipment, we should not be surprised when they occasionally act like a military force.
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