The Posse Comitatus Act (1988)

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Research shows that historically police history tends to overlook an important detail: “civilian police often formed out of militia groups and military soldiers or, conversely, out of an acute fear of military control” (Kraska & Kappeler, 1997, p. 2). However, traditionally, the United States has attempted to keep the military and civilian law enforcement authority separate. Nowhere is this more clearly illustrated than in the passage of the Posse Comitatus Act of 1878. Under this act, the use of the military (specified at the time as the Army) was completely prohibited in civilian matters (Hammond, 1997). However, over the years the act has been amended numerous times in order to serve political agendas.
The last two decades of the 20th Century saw immense change in American law enforcement practices. In the mid-to-late 1980s, growing public concern about illicit drug use led to political hysteria and the implementation of zero tolerance policies. By the mid-1990s, the “War on Drugs” had reached its peak. In response, Congress passed the National Defense Authorization Act (Kappeler, Sluder, & Alpert, 2015). Two sections are of utmost importance to this topic: Section 1208 authorized the Department of Defense (DOD) to transfer surplus defense material from DOD stocks to local law enforcement agencies for use in
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In comparison, tactical equipment includes such items as “weapons, night vision equipment, and tactical vehicles” (Grasso, 2014, p. 6). Common weapons include M16s, sniper rifles, and .45 caliber handguns. Additionally, many police departments have been the recipients of Mine-Resistant Ambush-Protected (MRAP) vehicles and other “armored personnel carriers” (Kraska & Kappeler, 1997, p. 3). The acquisition of military-grade equipment has been accompanied by the implementation and training of special operations

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