Criminal Trespass?

Saturday afternoon, 10/03/2009, I decided to look for a cool place to get some video of trains with my new (old) D8 Handycam. I saw a spot on Google maps that looked promising, and it was only about a mile from my house, so I went there. It was a public road, with big wide sidewalks on both sides of the overpass, right over the rail yard. Seemed perfect.

So I start taping the only train that is moving, and am still getting the settings right for that time of day, when I notice an armed, uniformed CSX police officer approaching me on the sidewalk. I honestly didn't even know CSX had their own police, and had to put on my glasses to see, yes, cop, gun, uniform ...

He immediately asked for my ID, which I hand over. He collects the information from the license as he asks me why I am filming "his trains". I tell him, "for YouTube ... there are a ton of train videos there and they are fun to watch so I decided to come film some trains."

I ask "Is this private property?" "No," he replies, "this is a public road", while writing down info from my drivers license and asking for my phone number. He then states "I am issuing you a Criminal Trespass Warning."

I don't know what that is exactly. It didn't involve any paperwork or fingerprints ... probably just pretext for placing my personal information into CSX and/or law enforcement computers.

Anyway, I decided it would be better to be on the sofa with the cats than handcuffed and in jail for making videos from the sidewalk, so I left. The officer was cordial, and as non threatening as a uniformed, armed police officer can be whilst demanding ID on a public sidewalk.

So, if I am not safe from police harassment on a sidewalk on a public road, I won't be making any more videos of trains from anywhere, which is maybe what CSX wanted when they empowered their police to approach people on public roads and sidewalks, demand ID, and issue "Criminal Trespass" warnings ...

If the officer had said nothing more than "hey, we really don't want to encourage people to stand on the bridge", I would have moved along, no problem. Even a sign saying "No standing on bridge" would have been sufficient. But armed law enforcement officers demanding and collecting personal information and even mentioning "criminal" ... ridiculous.

Category:

News & Politics

Tags:

• Trains
• CSX

[ke4rit]

What ever happened about this? Public property and your cited w/ "Criminal Trespass?" Yeah, I'd be making him explain that before a judge... Your 4th amendment right was violated.... Call the ACLU...

[tempjohn1111]

@ke4rit I sent a complaint to CSX through their web site with the story. They replied with a letter stating that the matter had been forwarded to the appropriate department and that they would follow up. They never followed up. Remember he didn't actually "cite" me. He gave me a "Criminal Trespass Warning" verbally, after collecting my personal info. I am afraid this is the way America is now. We search 6 year old girls for bombs at airports, and the security "experts" think this is appropriate.

[Cowchracer25]

I'm a law enforcement officer and, railroads are the only private industry in the US that have police powers, only on their own property. You could have challenged this officer and told him that you were on public property and refused to give him your ID. All he had juridiction to do at that point would be call the local law enforcement agency with jurisdiction of the bridge you were on. That agency wouldn't have power to do anything other than ask you to move along... if you chose to do so.

[fyadcorp]

Google "The Photographer's Right," it's a pdf written by a lawyer that explains your rights. Also brush up on how to deal with police encounters--lots of videos on Youtube about it done by lawyers. It was legal for the cop to ask for your ID, but you didn't have to give it to him, you didn't have to identify yourself, and most importantly--you have the right to remain silent. The less you say to cops, the better. Cops make me nervous as hell and it can be tense, but you must assert your rights.

[nikosjk1]

The CSX cops in Atlanta are assholes, you are not the only one by far to have this problem. I avoid hanging out for any period of time at Tilford, if theres something I have to shoot I get my photos quick and then get out. Conversely I have never had any problems at Inman Yard on NS, none of the NS cops I've encountered have had an issue with me shooting from the bridge there.

[TheMrBlinx]

Typical abuse of power. He needs a bullet in his brain, then the rest will behave (for a while). When cops become criminals, there's no such thing as "right vs wrong" - kill 'em all.

[Sanjacsouth]

@tempjohn1111 Something similar happened to me in Houston involving Union Pacific and at first I was really irritated but after it happened I looked into the matter and I support them doing this. Most yards hold train cars which can carry some pretty deadly material such as Chlorine. If one of these tanks opens up near a populated area it could wipe out blocks upon blocks. I am a train enthusiast myself and I think they are just trying their best to cope with the threat of terrorism.

[smartassstevie]

he had no right to take your id. you don't have to. you should look up photography rights online.  public road means public use. i work for a railroad and i could care less if you take a photo of me as long as it's not me sleeping. don't want to get caught.

[frootloop6969]

you wernt chuckin rocks or grenades . no prob what if you had one of those photograpahic memories can he take that from you ???

[49thdevil]

i would have told him to kiss you american ass



[steve001968]

All the big railroads have their own police. He may well have thought you were spotting for people in the yard boosting from railcars. That said he can't really do anything about you standing on a public thoroughfare.

[ferhvx200]

If you where in Spain you may be arrested by terrorism. Here in Spain the Railway company HATES railway fans!