Furthermore, regulations that accompany the receipt of property under the 1033 program create perverse incentives for local law enforcement agencies to ensure they are able to retain the property for their department’s use. First, police must use any property acquired through the program within one year of receipt, otherwise they must return it to the Department of Defense. Second, law enforcement agencies are responsible for all of the transportation, maintenance, and conversion costs of this equipment. Although the initial zero cost for the equipment may be appealing, the insurance, fuel, storage, training, and cost to convert the equipment for law enforcement’s use can be extremely high. In some instances, these costs are too expensive for many jurisdictions to justify retaining the equipment if it is not being used on a frequent basis. This creates an incentive for the agency to utilize the equipment in circumstances where it may not appropriate or reasonably necessary simply to justify its retention by the agency. It also encourages police to shift resources away from catching individuals who are the largest threat to public safety to activities that will reap financial benefits for the department through civil asset forfeiture or seizure of property associated with low-level drug possession.
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