Times-Herald (Vallejo)

IS MILITARY-GRADE COP HARDWARE NECESSARY?

- By Katie Lauer klauer@bayareanew­sgroup.com

After the Alameda County Board of Supervisor­s stonewalle­d then-Sheriff Gregory Ahern's requests to acquire two unmanned drones for his agency amid public outrage, the county's top cop quietly dipped into his own $236 million annual budget and purchased them anyway.

Ahern scooped up a pair of AirCover Integrated Solutions' QuadRotor QR425s for $97,000, using a federal Homeland Security grant and county taxpayer money — almost two years after community members testified for hours against the acquisitio­n. In the process, his office in 2014 became the first California law enforcemen­t agency to publicly acquire a sophistica­ted surveillan­ce drone.

“There's nothing secret about what we've done,” Ahern told reporters at the time. “This is how our department acquires equipment on a regular basis.”

It's not the only one.

In the two decades since 9/11 intensifie­d the nation's focus on national security, police department­s and sheriff's offices across the Bay Area have spent tens of millions of dollars to acquire troves of military-grade equipment, stockpilin­g armories with tactical vehicles, chemical agents, unmanned robots, surplus firearms, ammunition and more.

Remarkably, it wasn't until Assembly Bill 481 became law in 2022 that every California policing agency was required to publicly report their oncemurky inventorie­s, adopt policies for deployment and ask elected officials for explicit permission before obtaining any new hardware. Agencies are also required to report annually how they used their stockpiles over the past year, with the first of those reports due in May.

In advance of those reports, the Bay Area News Group surveyed local police agencies to get a snapshot of a policing approach that the Legislatur­e found “adversely impacts the public's safety and welfare, including increased risk of civilian deaths, significan­t risks to civil rights, civil liberties, and physical and psychologi­cal wellbeing, and incurment of significan­t financial costs.”

“We know that the purpose of having military weaponry is not to keep us safe,” said James Burch, with Oakland's Anti Police-Terror

“We know that the purpose of having military weaponry is not to keep us safe.” — James Burch, Oakland's Anti Police-Terror Project

“For us, this is like an insurance policy.” — Capt. Dan Livingston, Campbell Policd Department

Project, an activist organizati­on that works to reduce community reliance on local law enforcemen­t agencies. “It's to terrorize our communitie­s and to increase capacity for surveillan­ce and control.”

But across the Bay Area, many police contend the equipment — albeit expensive — is vital to ensuring the highest levels of public safety in a timely manner.

“For us, this is like an insurance policy,” said Campbell Police Department Capt. Dan Livingston, who oversaw the department's implementa­tion of state reporting requiremen­ts.

“If a person passes away before we can get to them, how much would that family have paid for an armored rescue vehicle that day?”

The hardware has flowed into the hands of local law enforcemen­t by way of the U.S. military through grant programs and purchases directly from the commercial market. A long fight to demilitari­ze police in the Bay Area has led to some change locally, with activists capitalizi­ng on conflictin­g data about the cost and usefulness of tactical gear to keep residents safe.

Still, elected officials in Alameda, Contra Costa and Santa Clara counties have largely allowed police to keep — and add to — vast armories of militarize­d equipment in Oakland, San Jose, Richmond, Gilroy and many places in between. BANG's analysis shows that local department­s own at least 30 armored vehicles and 330 unmanned aerial drones.

Some weaponry is distribute­d to police for free, including the surplus military equipment transferre­d to local law enforcemen­t as grants through the U.S. Department of Defense, but many other items are bought commercial­ly using taxpayer dollars or accepted as gifts from nonprofit and community organizati­ons.

The acquisitio­ns can include nonlethal, militarygr­ade items — from binoculars to coffee makers — but more often police target equipment originally designed for convoys during operations in Iraq or Afghanista­n, which can be redeployed to rescue hostages, analyze crime scenes and record live feeds of protests.

By May, the Oakland Police Department had acquired eight unmanned surveillan­ce drones, five robots, four command-andcontrol vehicles and two mine-resistant, ambushprot­ected vehicles, including a LENCO Ballistic Engineered Armored Resistance Counter Attack Truck — better known as a BearCat.

The $323,726 BearCat was purchased with a U.S. Department of Homeland Security grant.

Further south, the police department in suburban Campbell obtained its own custom-built BearCat in July, joining one robot, eight unmanned aerial drones and a mobile emergency operations center. It cost the police department $303,752, which will be paid off over five years from the city's Capital Improvemen­t Plan budget.

The purpose of such military-grade equipment in a city of 43,000 residents, where use-of-force was reported in less than 1% of the 31,666 police service calls in 2021, is to keep officers safe, said Livingston, who described the BearCat as a buffed-out Ford F-550 Super Duty truck.

“I think people think it might be an assault vehicle or something like that,” Livingston said. “It's not — it's really just a safe workplace for us if we have to rescue somebody and provide first aid so that we can assure that we're not going to get hit by any potential gunfire.”

According to Livingston, the BearCat has been deployed just once since July, to assist the Gilroy/Morgan Hill SWAT team trying to apprehend a homicide suspect.

At the Alameda County Sheriff's Office, it took Lt. Miguel Campos eight months to track down, compile and catalog all of the office's military-grade gear to meet the state's new requiremen­ts — including the 170 drones acquired since 2014. But he said that painstakin­gly detailed work was worth it if it helped residents have healthy, levelheade­d conversati­ons about police equipment.

“We're not hesitant to say and justify everything we have,” Campos said. “Obviously, there'll be people that have difference of opinions, and that's the conversati­on that we have, but we're not trying to hide anything.”

While even police reform advocates have acknowledg­ed that these kinds of high-caliber, hightech equipment may be necessary to respond to violent crimes and dangerous situations, law enforcemen­t personnel have long known that pushback from the public, press and politician­s is one of the biggest barriers to obtaining militarize­d equipment.

But with ample resources available for their purchase — the ACLU indicates the Pentagon's federal 1033 program had helped more than 10,000 jurisdicti­ons acquire upward of $7 billion of military equipment — manufactur­ers and consultant­s are eager to help make the case.

With the click of a mouse, police can find dozens of free eBooks and whitepaper­s online that explain how to fund and justify acquisitio­ns of military-grade equipment to the public — unlocked by filling out forms with detailed contact informatio­n.

The websites list grant databases, contacts of forhire grant writers and blog posts from tactical equipment companies gushing about how drones can give officers “superhuman capabiliti­es.”

In 2016, the Police1 blog — run by Lexipol, a company that trains and crafts use-of-force policies for thousands of law enforcemen­t agencies — posted tips about persistenc­e, positive messaging and policefrie­ndly candidates to help police leaders successful­ly acquire armored vehicles in the face of public opposition.

Mike Katz-Lacabe, founder of the Center for Human Rights and Privacy, said many department­s find the equipment tough to resist. While cities such as San Leandro might rationaliz­e their BearCat as a regional asset for neighborin­g agencies to use, he said, one or two of those vehicles are often already in most law enforcemen­t agencies' stockpiles.

“To overgenera­lize here, it seems that once a police department gets a new piece of equipment, all the other police department­s go, `We need to have one of those, too,'” Katz-Lacabe said.

 ?? JOSE CARLOS FAJARDO — BAY AREA NEWS GROUP ?? Police in a military-grade vehicle keep an eye on protesters on Main Street in Walnut Creek on June 1, 2020. In the wake of 9/11, police department­s and sheriff's offices across the Bay Area have troves of military-grade equipment, stockpilin­g armories with tactical vehicles, chemical agents, unmanned robots, surplus firearms, ammunition and more.
JOSE CARLOS FAJARDO — BAY AREA NEWS GROUP Police in a military-grade vehicle keep an eye on protesters on Main Street in Walnut Creek on June 1, 2020. In the wake of 9/11, police department­s and sheriff's offices across the Bay Area have troves of military-grade equipment, stockpilin­g armories with tactical vehicles, chemical agents, unmanned robots, surplus firearms, ammunition and more.

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