By Noah Smith-Drelich

For all the discussion of defunding the police, far less attention has been given to how the police are funded. This Article shines a light on the wide range of sources, public and private, from which police draw their funding. This examination complicates the widely accepted notion of police as locally controlled and wholly public entities. Even when police policy-making remains ostensibly in local hands, funding from nonlocal or nonpublic sources will distort the incentives underlying policing decisions. This Article examines the significant influence of external funding on the police, articulating the role that the source of police funding plays in police control and accountability. I conclude by proposing two novel reforms, each of which could be adopted under current law. First, the distorting effects of outside funding could be countered by adopting a more dynamic remedial approach in suits for constitutional wrongdoing. Second, these distorting effects could be reduced or even eliminated entirely by barring local agencies and departments from accepting outside funding.

Ohio State Law Journal, Vol. 84:3, 2023. 55p.