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[quote]QUOTE: Originally posted by jadegirl I had a similar incident occur during an auto vs. train collision I was investigating. The engineer had a real attitude, but did not realize I was a ralfan as well as a peace officer. I asked him for his engineer's ID (not his drivier's license) and he refused saying he didn't want to have his name on the report for fear of civil action. Once I told him if he failed to comply I would arrest him as a transient and book him for trespassing on railroad property, he promptly cooperated and the investigation concluded without further incident. [/quote] Jade - As an attorney who formerly represented numerous police officers and departments I can tell you that if you did arrest the engineer on railroad property on the charge you propose that you would have violated Federal Law and could have subjected yourself and your department to a vaild civil action under 42 U.S.C. 1983 as well as a proper dismissal of the criminal charges. Your arrest would have been beyond your jurisdiction. I'd urge you to think carefully about that fact if the situation should ever occur again. Oh, and again, I have been a police officer, prosecutor, locomotive engineer, conductor and RR manager as well, so I have walked in many of the shoes involved... Oh, and I still make my primary living working on the rails. LC
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