So, I got hassled by the cops yesterday...

[Mr_Ash]

its not like people dont park along the tracks and go steal stuff these days, he's not hassling you he's doing his job. If you had pockets full of spikes you would be in jail right now.

 

[Ted Marshall]

Try to look at it from the point of view of the cop.

Ever been to a train-pedestrian accident?  Or even a car-pedestrian accident?  I have.  Not pretty.

Or how about the two state troopers who arrived just in time to witness a distressed boyfriend pump four shotgun rounds into the girlfriend who was breaking up with him.  Right before he killed himself.  I didn't enjoy identifying the girl, I want to tell you.  Especially because she was a friend of my son.  Was she there of her own free will?

While I can't deny that certain folks seem to attract police scrutiny, and sometimes that scrutiny is unwarranted, usually it is warranted.

The police activities you are taking exception to are simply the officers doing the job we pay them to do.  Be glad.  One of these days their attention to detail may just save your tail.

 

Well put Larry. Those are all very good points you made. We can't be too critical of someone doing their job. It's a fact that today's law officers have a lot on their plates so it should come as no surprise that they're going to check you out if you look like you don't belong whether it's by the tracks, in a parking lot somewhere or on the sidewalk in front of your own home.

If I could offer a suggestion to reduce the likelyhood of being 'hassled' it would be to dress the part when railfanning, especially if you're going to find yourself on railroad property or in a bad part of town adjacent to railroad property. By this, I mean wearing jeans vs. shorts, steel toe boots vs. sneakers or flip-flops, safety glasses and  a reflective safety vest. It's been my experience that by dressing safely and conspicuously the authorities and otherwise undesired company (bums, transients, hoodlums, etc.) tend to leave me alone and the train crews usually give me a big wave or a toot on the horn. You may think that's a little over the top, perhaps it is, but it works for me. I draw the line at wearing a hard hat though... That would definitely be over the top, pun intended.

To the moderators... I'm sorry about the wave reference, please don't lock the thread as a result.

[tree68]

Try to look at it from the point of view of the cop.

Ever been to a train-pedestrian accident?  Or even a car-pedestrian accident?  I have.  Not pretty.

Or how about the two state troopers who arrived just in time to witness a distressed boyfriend pump four shotgun rounds into the girlfriend who was breaking up with him.  Right before he killed himself.  I didn't enjoy identifying the girl, I want to tell you.  Especially because she was a friend of my son.  Was she there of her own free will?

While I can't deny that certain folks seem to attract police scrutiny, and sometimes that scrutiny is unwarranted, usually it is warranted.

The police activities you are taking exception to are simply the officers doing the job we pay them to do.  Be glad.  One of these days their attention to detail may just save your tail.

 

[Fallen Flag]

I figured I was trespassing to some degree, I just couldn't believe that a LEO would bother to get on me about it. But, I then took a second to realize I do live in a small town where the police literally have nothing better to do.

And I did think about questioning him on the parking comment, but I didn't want to get on his bad side, since this is a small town and if one LEO has it in for you, you're screwed since they'll all probably end up having it in for you.

 But, this is nothing new to the girlfriend and I. When her and I were first dating, we were parked in a Best Buy parking lot (we would meet there since we both lived a decent distance away from the nearest mall) after a date, and an LEO questioned us, and on top of that, asked my girlfriend to step out of the car... and I heard him say "m'am, are you here with this gentleman on your own free will?" Good thing I hadn't made her mad! Lol...

Thanks for your replies! 

[moelarrycurly4]

You did handle the situation smartly and you got to go home.  You may have been parked on a "don't park on this side of street " area.

[chad thomas]

I notice you said he told you where you were parked was tresspassing too, was it on a public street? If that is the case then he is wrong about that (afik). Yes, walking the tracks is tresspassing, but parking on a public street is not. I have had run ins with overzellous LEOs that told me I was tresspassing when I knew I was not. I found that asking for there supervisors contact info and the LEOs id would usually change there attitude (that's just my experience, and keep in mind I was polite about it).

[joegreen]

Cops have nuttin better to do than hastle people. Ive spent the majority of my life tresspassing in "abandoned" areas, tracks or no tracks. If you see a cop waitin for you to return to your car then take a hike through the woods, they wont bother to go after ya.

[tree68]

The only thing I can think of is that maybe the land the tracks were on was now owned by a private company (the tracks go between two businesses in an industrial complex, although they are spaced fairaly far apart from each one) since the tracks were abandoned.

Doesn't matter who owns the property, it isn't you, so you're trespassing, unless you have explicit permission to be there.

 

 

 

[csmith9474]

The long and short of it is that yes, you were tresspassing. Railroad property is private property just like any other industry. I am sure a lot of "railfans" break the law to get that perfect shot, among other things.

Now the manner in which you handled the confrontation by the LEO was the correct thing to do as opposed to arguing with them and causing more problems for yourself.

[JoeKoh]

Railfanning illegal??? ah no.However tresspassing is. If you mind your maners and take pictures and leave footprints you should be fine.

stay safe

joe

[BaltACD]

Railroad rights of way are private property, whether they are currently being used or if they are inactive.  The only exception to this is when a right of way has be turned in one of the 'rails to trails' projects that exist around the country and in many of those projects the title to the land is passed to the governmental body that has promoted the project.  Within the US all land is owned by somebody, private individual, corporation or governmental entity.

[Fallen Flag]

So, yesterday evening my girlfriend and I decided to walk an old abandoned set of branch /shortline track to trace it to where it used to connect to a NYC mainline. I had been wanting to walk this section of track for a while because part of it runs directly behind my house, and I had been curious about when it was last used, how much, etc..

On our way back to the car, I see a police cruiser waiting on us, and of course he wanted to know what we were up to. I explained that we were just walking the tracks, and he said for "future reference" (maybe he had noticed me railfanning other areas around town, I don't know) that I couldn't walk the tracks because it was criminal trespassing, and that I didn't even have the right to park my car on the side of the street where I did. 

Not wanting to argue with a police officer, I politely said "yes sir, officer" and he went along his way. But, is he right?? Because people around the country railfan and walk tracks.

The only thing I can think of is that maybe the land the tracks were on was now owned by a private company (the tracks go between two businesses in an industrial complex, although they are spaced fairaly far apart from each one) since the tracks were abandoned.

Or, is railfanning actually illegal and just not enforced in most areas?

If any of you could shed some light on this, I would greatly appreciate it. I really don't want to quit watching trains, I guess if I keep getting hassled I'll just have to drive further off into other towns where the tracks run.