wgnrr wrote: On the last time that he yelled at you, I would have done this: Don't say anything else, but turn around to him, and say "Hello", and take a picture of him. Then go down to the police department, file a harrasment complaint, and continue railfanning. Phil
On the last time that he yelled at you, I would have done this: Don't say anything else, but turn around to him, and say "Hello", and take a picture of him. Then go down to the police department, file a harrasment complaint, and continue railfanning.
Phil
No, taking a picture of the officer would not get you anywhere accept for likely a night in jale. However I think going to the station and speeking with someone in a position of authority is a great idea.
Glen Ellyn wrote:Today, I was standing in a parking lot where I am getting pictures in Wheaton now, and this cop is hastling me. "Hey! What the hell are you doing?" He really said that. I had a scanner in my hane and camera strapped to my shoulder. I said, "I am wating for the trains. i think their will be a special one today." He says, "This is UP property, get out." If infact the parking lot were UP property, their would have been a sign, I would have known about it, and their wouldn't be a basketball hoop nailed to a building, or 2 Ford pick up trucks. He said, "Leave, or I'll have you arrested." I moved to the other side of the road where their is another lot, and he comes back and says, "This is still UP property, I am glad you moved, but get out!" I was on a public road when he came up to me and said this, and stayed on the road. Then I go to the Wheaton train station, he is their too. He says, "This is METRA property, leave." I say, "This is public property hosted by METRA and UP. I don't want to be mean, but stop hasteling me. I don't need to tell you you'r job, but if I need to, I will!" He stormed off when I said, "You think you know what is owned by who, but I was on public property, unless it has your name everywhere, I am fine!" That guy had to have been the biggest jerk I have ever met. This was in Wheaton Illinois, for a word of the weise, yell at the cops their if they get started with you, or else, you will be in a cell the rest of the day. These people are more serious then METRA!
Glen --
You did a great job standing up for yourself and your rights as a citizen. He had no right to tell you to move if you were on public property. You were well within your rights to question his orders since they didn't make any sense in the situation. Certainly his behavior was harassment and you did a great job labeling it as such!
gabe wrote:QUOTE: Originally posted by BNSF railfan. Gabe correct me if im wrong but,If someone where on public property and if a cop asked that person to leave isn't kind of childish? I mean come on now. I am sorry, my mind doesn't think in terms of “childish and non-childish;” it thinks in terms of what one may legally do and what one may not legally do. From the scenario described above, it seems to me that the officer probably had the legal right to do what he did. I would also point out that, in many states, resisting an officer’s order is just as illegal if the officer didn't have the right to arrest you in the first place. The law wants you to challenge police officers in court or through complaints, not by on-the-scene confrontations. Being on public property is often a safe haven for rail fans. But, it is not an automatic pass. For instance, you can be arrested for loitering on public property in many instances. The more "functional" the "public property" in question is, the more the government has the right to police it. Just because the train station is public doesn't mean gangs can hang out there, bums can sleep on the benches, you can set up your own photography studio, etc. My point: DO NOT BECOME AGGRESSIVE WITH THE OFFICER. If you want to photograph trains at a particular spot and the officer wont let you, seek permission from someone who has authority to give it. Better yet, politely ask the officer to whom you might ask to get permission. Such a non-confrontational approach might get the officer to let you take pictures. If you are going to be aggressive with an officer, you better be absolutely certain you have the right to do what you are doing. As for why the officer didn't arrest anyone, he probably didn't think it was worth his time for the paper work, which leads me back to my earlier point—don't get him mad enough to make it worth the time for the paper work. There is a point where officers don't have a right to make you do something, and I am all about making sure officers do not cross that line. The scenario described above is, at the very best, a grey area. If you want to risk your liberty when you are not certain you have a right to challenge the officer, do it at your peril. Gabe
QUOTE: Originally posted by BNSF railfan. Gabe correct me if im wrong but,If someone where on public property and if a cop asked that person to leave isn't kind of childish? I mean come on now.
Glen:
You have just received some pretty good advice..You need to heed it. Exercise some prudence.
A law enforcement officer who is immediately verbally combative, is looking for trouble, you might not be the specific cause of his ire, but you will be the reciepient of the results of whatever he can think. Another post stated that 'failure to obey' is an offense in many juristictions, In many cases it can be be considered a fellony, and it will take a lot of$$$$$$ and legal horsepower to blunt that kind of a charge, it is you word against the cop, and his word carries the weight as an officer of the court,[ read that as his word trumps your word.] A less combative attitude will get you much closer to what you want, than confrontation. In particular, with a cop who already has his jodphurs in a bunch.
The post about the judge sounded familiar. there was an assittatn state's atourny (my spelling is bad tonight!) who went bonkers (thats right, I said bonkers!) when he lost his case. The case was of a stray dog.
My :
The local cop ( county-mountie for the CB users) in Tuscola IS a railfan! But it is when you go down to Arthur is when you get hasseled. the is a public park just across the county line, and it seems that every "authority figure" needs to check me out.
The reason I said "authority figure" is because most of the people HAVE NO AUTHORITY
The list includes:
Im sorry for the rant
Im getting off the for a while
gabe wrote:I can't imagine an attorney ripping something out of the judges hands and saying "I run this courtroom." It is simply inconceivable. Gabe
Agreed - sounds like somebody has a bit of an ego problem. Excuse me, I should have spelled ego with a capital "E"...
Larry Resident Microferroequinologist (at least at my house) Everyone goes home; Safety begins with you My Opinion. Standard Disclaimers Apply. No Expiration Date Come ride the rails with me! There's one thing about humility - the moment you think you've got it, you've lost it...
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