Apologies if this has already been posted; I couldn't find anything when running a search.
I've met a few arrogant jerks who call themselves police officers in my own lifetime, but these guys are in a league all their own! (and I've also known a few super nice ones who stop by just to shoot the breeze for an hour and wave when they see me) At least 4 officers/police departments on the scene to arrest a 16-year-old railfan. Wow! Unfortunately for the officer(s) who later lied about what happened, the entire scene was recorded on the kid's camera.
http://www.youtube.com/watch?v=yihlIlyFNME
Joe H. (Milepost S256.0; NS Griffin District)
Pictures: http://anb740.rrpicturearchives.net
Youtube: http://www.youtube.com/anb740
Some more details from the description at the video:
Metro North RR's Harlem Line, North White Plains, NY - Virginia Ave. X-ing ?
The 4 police depts. were Greenburgh (the most aggressive), North Castle, Westchester Co., and MTA RR police. The aggressive officer repeats a couple times that his call was that the kid was kneeling on the tracks, which the kid denies - says he knows all the railroad rules, and volunteers at a museum.
I'm not sure that I'd say he was "arrested", though it's clear that he was "detained". He posts: "I was issued a summons for "Unlawfully entering and remaining on RR property"." This apparently happened Mon. 2 weeks ago, 6 / 6 / 2011 - posted 6 / 19/ 2011 - he says he has a hearing ("court case") on July 12th.
Kid's name appears to be Gregory Grice. Since he's only 16, he's a juvenile, so special rules and procedures will likely apply.
Might not be too hard of a charge to beat, if he wasn't on or too close to the tracks when the police arrived - but if the police didn't actually see him there, then who else is going to provide the necessary testimony that he was ? Then the next question to the officers ought to be, "Where are the RR R-O-W lines are, and how do you know that - beyond a reasonable doubt ?" If they don't have a surveyor or a good plat handy to put essential fact into evidence, that ambiguousness - as can be seen in the still photos - will be fatal to the case, IMHO.
Must be a totally crime-free area if 4 police depts. have nothing better to do on a Monday afternoon than harass a 16-year old kid with a cell phone camera. I wonder if the aggressive officer feels real brave, macho, and good now about bullying a 16-year old kid to the point of crying at the end of the video ("Can you call my Mom ?") and refusing his request to call a lawyer. Wonder how many cops were involved altogether - is that a sensible use of supposedly scarce resources for the protection of the nation ? Also seems like the line was shut down for a while because of this incident ! Can you spell "O-V-E-R - R-E-A-C-T-I-O-N" ? Is there no one with common sense and good judgment / "street smarts" in these kinds of encounters ? Someone once wrote that "A liberal is a conservative who's been through the arrest process !" Well, I've just listened to some pretty good evidence of 1 cop "who'd not be missed" if he was fired for "abuse of discretion" and "conduct unbecoming" here . . . (Too bad my lawyer license is good in Pennsylvania only, not NY . . . ).
- Paul North.
Wow would I love to be a fly on the wall for the court proceedings.
Dan
Wow, you mean this kid was so "dangerous" that it required representatives from FOUR different police departments?!!! Amazing. It's stuff like that this makes me wish that I had heeded a friend of mine's advice to go to law school. (With him being a retired judge and the dean of 2 different schools, I probably could've gotten in with his recommendations!)
Someone I know went through a similar incident with the Atlanta PD for photographing trains and "looking suspicious." He was arrested and his vehicle/cameras impounded. When it went to court, not only was the case thrown out, the judge instructed the arrogant officer in question that if he EVER pulled another stunt like this again, he was going to have HIM (the officer) arrested.
On both sides seems like a tempest in a teapot. Just playing devil's advocate for a moment, a few questions come to mind. Why assume the police were lying about the kid kneeling on the tracks? And doesn't it strike you as a bit odd that he was allowed to continue to record the audio if he were being arrested? Since all we see is a marked-up picture with nobody present and the audio, what evidence is there that this is even real? Most nice people learn pretty early to not argue if stopped by the cops, even if you think they are in the wrong. I'm no fan of police abuse, but this isn't in the same league. It would be interesting to hear what some of our law enforcement posters think.
C&NW, CA&E, MILW, CGW and IC fan
Not taking sides....I think there was a recent case in Maryland, where a motorcyclist cell phone videoed his stop for some traffic infraction and then posted it on YouTube....The state then charged him for 'unauthorized recording of a police action' or some other such charge. Police in that incident were just as 'over the top' as the appear to sound in this incident. While I have all the respect in the world for police and the job they do...some of them get more impressed with their 'power' and totally lose sight of their job and responsibilities; over time those that lose focus are generally forced to find other employment.
schlimm On both sides seems like a tempest in a teapot. Just playing devil's advocate for a moment, a few questions come to mind. Why assume the police were lying about the kid kneeling on the tracks? And doesn't it strike you as a bit odd that he was allowed to continue to record the audio if he were being arrested? Since all we see is a marked-up picture with nobody present and the audio, what evidence is there that this is even real? Most nice people learn pretty early to not argue if stopped by the cops, even if you think they are in the wrong. I'm no fan of police abuse, but this isn't in the same league. It would be interesting to hear what some of our law enforcement posters think.
Never too old to have a happy childhood!
Maybe the story was real, maybe not, but a search in the local newspaper (LoHud.com) turns up nothing.
If he had a videocam, why didn't he post any footage on YouTube of this crossing on the same day this allegedly occurred? He posted plenty of other videos, including one on June 8, two days after the incident.
schlimm Maybe the story was real, maybe not, but a search in the local newspaper (LoHud.com) turns up nothing. If he had a videocam, why didn't he post any footage on YouTube of this crossing on the same day this allegedly occurred? He posted plenty of other videos, including one on June 8, two days after the incident.
The newspapers aren't going to report every incident they hear on the police scanner. If they did, they would have to write a literal book every day! I got robbed/kidnapped at gunpoint in 2003 and none of the news outlets in the area uttered a single word about it.
And he wasn't grabbing any videos of trains at the time. He was simply trying to get a recording of a locomotive horn to use as a ringtone. (read the comments below the video to find out more information)
As for the cop who said he saw the kid "kneeling next to the track"....that cop was the fourth? one on the scene and the kid was already being interrogated by then! He later tried to cover that up by saying that an "eyewitness" reported seeing him doing this, yet no eyewitness has come forward. The pictures he superimposed onto the video depict exactly where he was at (on the side of a public road) when it all went down. Since it appears he was on public property, he can legally kneel down all he wants!
anb740 [snipped] . . . yet no eyewitness has come forward. The pictures he superimposed onto the video depict exactly where he was at (on the side of a public road) when it all went down. Since it appears he was on public property, he can legally kneel down all he wants!
Schlimm has a good point above - we've only seen and heard one side, the kid's, and that could be faked for all we know - what's "The rest of the story" from the officer's side ? The kid could have been dressed in Arab-type robes with a turban or kaddifeh (sp ?) headdress, be 6 ft. 5 in. tall and 300 lbs, with a long dark beard, etc. - but I kind of doubt it . . . If the kid's story is at all true, the real villain is the person who called in the false report of the kid kneeling by the tracks - and maybe nobody bothered to get a name or confirm that person's ID - so the person the cop really ought to be after is unavailable - and now maybe making the cop look like the sucker he is - and that's what's really got the cop angry - and perhaps that's why he's giving the kid such a hard time - displaced anger ???
And now would-be thieves and burglars in that upscale suburb know just how to ensure they won't be interrupted while engaged in their nefarious misdeeds: Have an accomplice call in a report of a "teen-age kid with a cell phone kneeling by the tracks", and then wait for all the Barney Fifes to rush to the scene, leaving the rest of the town wholly unguarded . . . .
Paul_D_North_Jr And now would-be thieves and burglars in that upscale suburb know just how to ensure they won't be interrupted while engaged in their nefarious misdeeds: Have an accomplice call in a report of a "teen-age kid with a cell phone kneeling by the tracks", and then wait for all the Barney Fifes to rush to the scene, leaving the rest of the town wholly unguarded . . . . - Paul North.
I was thinking the exact same thing! It's sad really. As a RR employee friend of mine put it, they can't stop hoodlums from constantly breaking into containers and boxcars or tagging a car with paint inside a rail yard, but by darn they can harass the heck out of a railfan with a camera! (or in this case, a phone)
And it's true, we haven't heard both sides yet. I would really love to be a fly on the wall in the courtroom when this all goes down.
And Paul, I thought lawyers could argue a case in a state he/she wasn't licensed in so long as the judge agreed/approved it? Or does each state do it differently? Just curious....
Too much here to be taken for granted. Lots of details left hanging from just the description of the teen and his travails.
Not sure about NY Law, but in many jurisdictions, around the Country, the sworn police officer is considered to be an officer of the court, as such the officer's word carries much more weight before the court than the Defendant. [The assumption made is that the Officer of the Court would not lie under oath.] Apparently, in the case of the Teenager and the 4 PD's; the previous assumption of honesty has been made questionable.
In my twenty plus years in the OTR Industry, I have dealt with, and been dealt with by more different kinds of cops than I can count. Tickets, You Betcha! Too many. but as a corporate Safety Officer, I have met and worked with some really sharp individual officers. As with every other profession you have individuals who do their jobs well and those that don't. You just have to be glad to have known the Good Officers, and be thankful it will be a long time before you cross back over the not so good ones.
http://www.youtube.com/watch?v=uqO0yaqSVYY&NR=1 That was hard to find...
Mechanical Department "No no that's fine shove that 20 pound set all around the yard... those shoes aren't hell and a half to change..."
The Missabe Road: Safety First
FWIW, I listened to the first 30 seconds of the encounter. One thing that nobody has brought up is that the cop says to the kid that "...they got a report of someone kneeling on the tracks with a device...." (my emphasis). I don't know about you, but if I saw a teenager kneeling on the tracks with a device I did not recognize, I would most certainly call the cops.
The teenagers on the forum might not like to hear this, but in my 20 years of running trains, EVERY incident of vandalism I had to deal with was done BY TEENAGERS.
What chaps my 'donkey' is when some cop hassles someone who is obviously doing nothing but taking pictures. If a person is standing on a train platform, or is positioned 100' from the tracks, with his camera on a tripod, in the middle of the day, in plain sight, even someone with a police mentality should be able to figure out what is going on.
All of the info is correct. Just a question: If you are handcuffed and brought to Headquarters, and interrogated. is that considered arrested?
travelingengineerI suppose that it might have helped if this young man had, and showed, one of the brand-new Amtrak "Partners for Amtrak Safety and Security Membership Card."
anb740 [snipped] And Paul, I thought lawyers could argue a case in a state he/she wasn't licensed in so long as the judge agreed/approved it? Or does each state do it differently? Just curious....
It is situations like this that has made me put away my camera since 9/11. I don't need an arrest record over a SD-whatever rolling into the sunset.
seppburgh2 It is situations like this that has made me put away my camera since 9/11. I don't need an arrest record over a SD-whatever rolling into the sunset.
I hear North Korea is nice this time of year...
coborn35 schlimm: Maybe the story was real, maybe not, but a search in the local newspaper (LoHud.com) turns up nothing. If he had a videocam, why didn't he post any footage on YouTube of this crossing on the same day this allegedly occurred? He posted plenty of other videos, including one on June 8, two days after the incident. http://www.youtube.com/watch?v=uqO0yaqSVYY&NR=1 That was hard to find...
schlimm: Maybe the story was real, maybe not, but a search in the local newspaper (LoHud.com) turns up nothing. If he had a videocam, why didn't he post any footage on YouTube of this crossing on the same day this allegedly occurred? He posted plenty of other videos, including one on June 8, two days after the incident.
That is the video I was referring to, of course. If you actually look, it was posted two days later, which suggests he went back to the same crossing.
schlimm coborn35: schlimm: Maybe the story was real, maybe not, but a search in the local newspaper (LoHud.com) turns up nothing. If he had a videocam, why didn't he post any footage on YouTube of this crossing on the same day this allegedly occurred? He posted plenty of other videos, including one on June 8, two days after the incident. http://www.youtube.com/watch?v=uqO0yaqSVYY&NR=1 That was hard to find... That is the video I was referring to, of course. If you actually look, it was posted two days later, which suggests he went back to the same crossing.
coborn35: schlimm: Maybe the story was real, maybe not, but a search in the local newspaper (LoHud.com) turns up nothing. If he had a videocam, why didn't he post any footage on YouTube of this crossing on the same day this allegedly occurred? He posted plenty of other videos, including one on June 8, two days after the incident. http://www.youtube.com/watch?v=uqO0yaqSVYY&NR=1 That was hard to find...
Or you could read the description and find out it was taken right around the time he was hassled, but uploaded June 8th.
zardoz FWIW, I listened to the first 30 seconds of the encounter. One thing that nobody has brought up is that the cop says to the kid that "...they got a report of someone kneeling on the tracks with a device...." (my emphasis). I don't know about you, but if I saw a teenager kneeling on the tracks with a device I did not recognize, I would most certainly call the cops. The teenagers on the forum might not like to hear this, but in my 20 years of running trains, EVERY incident of vandalism I had to deal with was done BY TEENAGERS. What chaps my 'donkey' is when some cop hassles someone who is obviously doing nothing but taking pictures. If a person is standing on a train platform, or is positioned 100' from the tracks, with his camera on a tripod, in the middle of the day, in plain sight, even someone with a police mentality should be able to figure out what is going on.
Z -
Good points all and validated by my own experiences on both sides of the cab for Class 1 (Conrail & NS) and Class 3 RRs in New York State.
Also, like brother North I am a member of the Bar (NY, PA and others) and a former prosecutor (ADA) and sworn police officer. I have also acted as a Criminal defense attorney for juveniles and adults. Being 16 years old in and of itself certainly does not constitute a defense to a crime or violation of law in New York. It may make a difference, depending upon the offense charged as to what court hears the charge.
Lets clear up a few things. First, being handcuffed is not the same as being arrested. You may be considered as being in custody, but being handcuffed is only one factor in that determination. Custody deals with a number of issues such as 4th Amendment and 5th Amendment rights concerning search and siezure and the right to counsel among other things. Being issued an Appearance Ticket (the Summons) is one type of arrest in NY and is an alternative to being booked into the County Jail. Getting a ticket for trespassing on railroad property is not uncommon. Today the New York State Legislature passed a bill substantially strengthening railroad trespass laws in New York and it now awaits only the Governor's signature, so our young friend is probably quite lucky he had his encounter previously.
Trespassing is what the law refers to as a strict liability offense. You either did it or you didn't. There is no "good intent" exception. I don't know where the ROW lines are in this case, but given the pictured layout of the tracks and the railroad ballast piles right in front of the camera it certainly seems arguable that the area where the video was shot is likely railroad property. If so, an appearance ticket under the Penal law or perhaps the Railroad Law of New York would be appropriate and enforceable.
Also, everybody seems to have forgotten that we are only a few weeks downstream from the revelation after Osama Bin Laden's elimination that rail facilities were actively considered as an Al Queida target in the U.S. Railroad police and others are bombarded daily with briefings about several rail incidents which have occurred since and others that occur daily or weekly. That likely brought a greater response from law enforcement that might be expected. Also, remember that the MTA/MN Harlem line where this took place is a third rail electrified line on a busy commuter railroad running into Manhattan. An individual with the wrong sort of "device" could be rigging not only an explosive device, but could be seeking to disrupt the electric power or signals or possibly acting as a garden variety suicide by train.
A couple of railroad related points. Knowing the railroad rules at a museum has at best very limited application to an actual railroad. Most of the railroads in the Northeast used the NORAC rules during the Conrail era. Metro North has its own rules as does the LIRR. The NS and CSX now have their own non-NORAC rules. There is also GCOR which is in use in much of the country. As railroaders we know that one must be qualified on the specific rules of the railroad we operate upon and in the event there is more than one we must know them all. Which rules does the museum use? Are they the same as MN rules? I doubt it. So more irrelevancy.
So, do I like people being accosted by police on railroad property? If they are trespassing, sure. Should honest citizens located on public property be hassled for photographing trains, absolutely not.
Paul_D_North_Jr Some more details from the description at the video: Metro North RR's Harlem Line, North White Plains, NY - Virginia Ave. X-ing ? The 4 police depts. were Greenburgh (the most aggressive), North Castle, Westchester Co., and MTA RR police. The aggressive officer repeats a couple times that his call was that the kid was kneeling on the tracks, which the kid denies - says he knows all the railroad rules, and volunteers at a museum. I'm not sure that I'd say he was "arrested", though it's clear that he was "detained". He posts: "I was issued a summons for "Unlawfully entering and remaining on RR property"." This apparently happened Mon. 2 weeks ago, 6 / 6 / 2011 - posted 6 / 19/ 2011 - he says he has a hearing ("court case") on July 12th. Kid's name appears to be Gregory Grice. Since he's only 16, he's a juvenile, so special rules and procedures will likely apply. Might not be too hard of a charge to beat, if he wasn't on or too close to the tracks when the police arrived - but if the police didn't actually see him there, then who else is going to provide the necessary testimony that he was ? Then the next question to the officers ought to be, "Where are the RR R-O-W lines are, and how do you know that - beyond a reasonable doubt ?" If they don't have a surveyor or a good plat handy to put essential fact into evidence, that ambiguousness - as can be seen in the still photos - will be fatal to the case, IMHO. Must be a totally crime-free area if 4 police depts. have nothing better to do on a Monday afternoon than harass a 16-year old kid with a cell phone camera. I wonder if the aggressive officer feels real brave, macho, and good now about bullying a 16-year old kid to the point of crying at the end of the video ("Can you call my Mom ?") and refusing his request to call a lawyer. Wonder how many cops were involved altogether - is that a sensible use of supposedly scarce resources for the protection of the nation ? Also seems like the line was shut down for a while because of this incident ! Can you spell "O-V-E-R - R-E-A-C-T-I-O-N" ? Is there no one with common sense and good judgment / "street smarts" in these kinds of encounters ? Someone once wrote that "A liberal is a conservative who's been through the arrest process !" Well, I've just listened to some pretty good evidence of 1 cop "who'd not be missed" if he was fired for "abuse of discretion" and "conduct unbecoming" here . . . (Too bad my lawyer license is good in Pennsylvania only, not NY . . . ). - Paul North.
Paul -
Glad to see you have strong opinions on law enforcement and how railroads should enforce trespassing laws or ask local law enforcement to do so. I find I spend a lot of time educating other attorneys about what laws apply to railroads and how they apply. There is a great deal of misinformation out there. I like it when the police take any interest in crime along the railroad, it is often hard to get their attention for railroad matters which many consider a nuisance. In my time as an ADA I built some excellent cases and put many criminals away based upon their use of railroad ROW to access nearby homes or businesses in the commission of a number of different felonies. Only my pushing the issue as an ADA got things moving. The railroad involved was very grateful and even contributed assistance.
Frankly, I think you would have a very difficult time proving the officers did anything beyond question a suspect found on railroad property which they are entitled to do and conduct a search of an individual already in violation of law. I can think of no fewer than three constitutional justifications for stopping, securing, searching and conversing with a subject found near dangerous third rail equipped tracks. And the officers don't need to call his lawyer or notify his parents until he is under arrest. In fact, they don't have to notify his parents of his arrest as he is over 16 (see discussion below). He can, of course call them from the precinct.
Crying isn't a basis to call his mommy. If I had a quarter for everyone who tried to cry their way out of a ticket I would own BNSF instead of Mr. Buffet's firm. The law also doesn't require it once you turn 16 in New York. The NY Family Court Act only requires such notification in the case of a juvenile delinquent. (See FCA Sections 301.2 and 305.2(3)).
A better attack upon the charge would probably be an Omnibus Motion testing the sufficiency of the charge as even simple trespass requires knowledge in New York. (See CPL 100.40) The Penal Law defines Trespass stating; " A Person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises." (emphasis added)(See PL Section 140.05)
In New York the local crimnal courts have jurisdiction over offenders 16 or older charged with violations such as Trespass (See NY CPL Section 20.50). In this case a Village, Town or City Court. There are no special procedures for persons 16 and over. Juvenile Delinquents are defined as those under 16 under the NY Family Court Act. (See, FCA Section 301.2 and 302.1). Don't feel too bad, in such violation level cases the disposition is usually a fine and/or minimal community service. Perhaps our young friend will learn a valuable lesson about the dimensions of railroad ROW.
As to your suggestion that railroad ROW limits are not provable, the opposite is true. Almost all railroads were required to file Valuation Maps by the Interstate Commerce Commission and maintain changes to those "Val Maps" for decades. Originals of most are stored in the National Archives and filed at each County Clerk or Register of Deeds along the railroad. Of course railroads maintain their own originals and they have the force of a deed under most state real property laws. A simple review of the Val Map in question should provide the ROW dimensions at the location and can be entered into evidence as a public document and in some cases courts will merely take judicial notice. As to where he was I suspect that his video and still photos are admissable as admissions and/or statements against interest and are probably enough to place him on the property. Ahhh, when will they learn not to post everything to the internet...
There are plenty of young criminals out there. Most of the burgulars involved in my railroad cases were this kid's age or a few years older. Several will be much older when they are released from Elmira or in one case Attica. I think you are the one who is Overreacting. Sadly typical of the plaintiffs bar and criminal defense bar when law enforcement is involved. Ever had to go looking for a body under your train at night? Trust me, the occasional trespassing ticket is really not that much of an inconvenience to the trespasser by comparison. Probably why I have so little sympathy for trespassers.
Of course, if by some chance our young friend wasn't on the ROW, the charges should be and probably will be dismissed.
Show me a Liberal crime victim and I will show you a Conservative...
Oh, and if you want to try your luck up here in court, I'd suggest you check out the General Municipal Law, Court of Claims Act, CPLR and a few others. I suspect you will find lawyering here a LOT more complicated than in PA. I know I find practice in PA very loose and location specific by comparison. Oh, and no, I'm not volunteering to act as your local counsel, no offense, but I'm way too busy...
8NSand
8NSand - Thanks much for your astute, detailed, and informed comments about New York laws and criminal defense practice there, etc., about which I have only the most rudimentary knowledge. I willingly yield and concede to your clearly superior knowledge, experience, and insights on those matters.
I'm familiar with the Val Maps and their use as evidence, exactly as you say. But in older areas the property/ R-O-W line and road R-O-W shapes at the crossings can be very convoluted. Without a "mark-out" or stakeout of the actual points on the ground at that site by a competent and licensed surveyor, no one really knows where those lines are with regard to the physical features. And the public R-O-W is a "magic" line here - 1" on one side and he's guilty; 1" on the other side and he's in the clear. If he was on the shoulder of the road by the concrete "Jersey" barrier as seems probable from the setting - think anyone recorded exactly where he was when the officers first arrived on the scene ? And with regard to any kind of R-O-W marker ?
Perhaps the reason the kid did not have video of the incident was he was afraid the phone would be confiscated. I have an iphone 4 and can set it on voice recording only. The kid could have done this and had the phone in a shirt pocket out of sight but voice recording everything.
As I said before, this kid's story may well be for real, maybe not. He may be the victim of police abuse, maybe not. But what amazes me is the rush to total acceptance of this story with very little factual evidence, seemingly b/c he is a railfan. And some folks on this thread who ordinarily are very supportive of the police and the sanctity of rail RofW's seem to have a different standard in this case. If he was arrested, should he not have some documentation for that from the police department, etc.? And given the recent publicity of the threat to rail security, it seems a bit surprising that someone arrested on the basis of suspicious behavior along a busy passenger rail RofW didn't make the local news.
schlimm As I said before, this kid's story may well be for real, maybe not. He may be the victim of police abuse, maybe not. But what amazes me is the rush to total acceptance of this story with very little factual evidence, seemingly b/c he is a railfan. And some folks on this thread who ordinarily are very supportive of the police and the sanctity of rail RofW's seem to have a different standard in this case. If he was arrested, should he not have some documentation for that from the police department, etc.? And given the recent publicity of the threat to rail security, it seems a bit surprising that someone arrested on the basis of suspicious behavior along a busy passenger rail RofW didn't make the local news.
+1
There's multiple sides to every story, and so far, we are hearing only one.
It's been fun. But it isn't much fun anymore. Signing off for now.
The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.t fun any
A very valuable and interesting discussion. Thanks for everyone who posted.
8NSand - Your other points are noted and well-taken, but for the next couple of days my spare time is exceedingly limited. For the moment I'll just note that I too view R-O-W trespassing, teen 'punks', and burglars using the R-O-W as serious problems to be dealt with - but those last 2 don't seem to be involved here. More to the point, the word 'public' in "public road" means something, and at a skewed-angle crossing such as this one, I see a good possibility that's where he actually was. I also see you know the other half of that saying . . . With respect, I have no desire to practice in NYS - state lines also mean something besides pretty colors on a map ! (Your observations about Pennsylvania jurisprudence are valid, too - "Preliminary Objections" ?!?)
But my prime concern is the apparent misuse and waste of manpower here. Say what you will, sound judgment and discretion appears to have been lacking in several aspects, such as the number of personnel and the seeming lack of interest in getting to the real facts, as opposed to badgering the suspect into a confession - didn't even appear to be the usual "good cop - bad cop" routine going on here. Let me put it to you this way: If you were the ADA in charge of this case, would you assign and approve of 4 of your professional staff working this little case simultaneously ? (If so, maybe that's why you're so busy . . . )
Perhaps we can continue this exchange of views at a later time, esp. after we have more facts.
I can understand why four officers showed up. Keep in mind "railfan" is not a word that is in most people's vocabulary, police included. The call most likely went out as a suspicious person kneeling on the tracks with an unknown object. Leaving out railfan, that leaves three possibilities: Someone sabotaging the tracks, someone stealing or vandalizing property, or someone committing suicide. Any of which would make an officer greatly appreciate backup. Also, keep in mind that officers don't always know exactly where other officers are. Some of the officers may have thought they were closer than the other officers and responded. If I heard the call and I was reasonably close I would have responded too.
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