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I don’t know if railroad cops take such an oath.  But cops are free to assume you are guilty.  It is just that their assumption is not the final word in the matter.  You still get due process.  But cops can stop you and question you any time without it being a violation of the constitution.  I am not sure what limits may or may not be placed on the reason they can question you.   <o:p></o:p> The big issue I see is that Homeland Security has proclaimed that photographing trains is automatic evidence that the photographer is doing so in order to plan for unlawful activity.  I think it is fair to say that they do not conclude that there can be no other explanation for railroad photography.  But because the possibility of the photographer having terrorist intentions always exists, then it is incumbent on the authorities to prove otherwise in every case of such behavior if it is detected.   <o:p></o:p> But this is indeed a bureaucratic absurdity.  Where do you draw the line?  What is suspicious behavior and what isn’t?  If photographing trains is suspicious, then surely just paying attention to them is equally suspicious.  Homeland Security illustrates the absurdity of this when they tell the public that anything you don’t understand qualifies as suspicious, and therefore requires an official checkout by the authorities.  I would have to call the police to check out people in grocery stores talking on cell phones.
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