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Another railfan arrested!

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Posted by Sawtooth500 on Sunday, July 17, 2011 8:51 PM

zardoz

 

 zugmann:

 

.....sitting in the bushes isn't suspicious at all...?

 

Sounds like a Trainmaster-In-Training to me.

 

Trainmasters can go for a cab ride whenever they want, right?

So where do I sign up? Big Smile

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Posted by zardoz on Sunday, July 17, 2011 8:35 PM

zugmann

.....sitting in the bushes isn't suspicious at all...?

 

Sounds like a Trainmaster-In-Training to me.

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Posted by schlimm on Sunday, July 17, 2011 3:21 PM

I don't believe Grice was "hauled of to jail."   I think that is probably an exaggeration.  I also believe the entire incident was: one, over-dramatized and two, an account given by only one person party to it.  We have no knowledge of the veracity of any of his story, even a month later, even after the scheduled appearance date has past.  Call me skeptical, but I prefer to see some verification rather than jump on a bandwagon, as some around here did, of condemning police actions or potential abuse.  No report of the incident on any of the newspapers' "police-blotters."   

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Posted by Sawtooth500 on Sunday, July 17, 2011 2:55 PM

schlimm

The "proper" police behavior should be to stop you and ask questions and take appropriate actions based on their observations and whatever the phoned in complaint was..   The attitude (an internal mental state) will vary from one policeman to another.  There are some police who are too quick to jump to false conclusions and fewer who then use excessive force.  You have no control over that.  You do have control over what you do, knowing that appearances do count.

I agree with that - and my entire problem here is with the cops who jump to false conclusions right away - in my opinion that's probably around 25% of cops, which is a sizeable percentage. I know that I have no control over a cop's attitude and that's why all I need is a single cop with a bad attitude to land me in jail.

Getting back to the original video posted by the kid in this post, that's the exact problem I have with the police who showed up to the scene - when the cops showed up, it seemed like they already "knew" the kid was guilty and were determined to haul him off to jail no matter what - it didn't matter what the kid had to say in the eyes of the cops he was guilty on arrival. And this has strung a personal chord with me because while I'm fortunate in the fact that I've never been arrested I've experienced very similar situations and I think that's not right.  

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Posted by schlimm on Sunday, July 17, 2011 2:46 PM

The "proper" police behavior should be to stop you and ask questions and take appropriate actions based on their observations and whatever the phoned in complaint was..   The attitude (an internal mental state) will vary from one policeman to another.  There are some police who are too quick to jump to false conclusions and fewer who then use excessive force.  You have no control over that.  You do have control over what you do, knowing that appearances do count.

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Posted by Sawtooth500 on Sunday, July 17, 2011 2:15 PM

I agree that being on a deserted residential street at night could be a bit suspicious, but FYI I had my binoculars in my pocket and the cops did not know about them until they searched me. I understand why they stopped me but that's not the point I'm trying to argue here - 

Schlimm let me ask you a direct question - given the scenario I was in and the cops that approached me, which of the following two do you think is an appropriate police attitude:

1. There is a suspicious person on the street - let's talk to that person and find out what they were doing, and then pass judgement. 

2. There is a suspicious person on the street - it's unusual that they are there therefore they MUST be up to no good and I "know" that they are guilty of some crime. 

Please let me know which attitude you think is appropriate. 

And to davekelpper - yes I have both the Amtrak and BNSF cards - some cops appreciated that, other cops have told me it's a piece of paper and didn't care a bit. All comes down to cop attitude, outside RR police no police departments have ever heard of or know what those cards are. 

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Posted by daveklepper on Sunday, July 17, 2011 2:12 PM

Again, don't you guys (and gals) have railfan club identification with you?

Get on the Amtrak and/or BNSF programs if you don't and carry the identification with you!

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Posted by schlimm on Sunday, July 17, 2011 2:06 PM

Being on deserted street at nite in a residential neighborhood with binoculars really could set you up as appearing to be a voyeur or something else of a possibly criminal nature.  That would be the natural conclusion of most people, including the police.

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Posted by Sawtooth500 on Sunday, July 17, 2011 1:45 PM

schlimm

As zugman pointed out, if a person were seen hiding in bushes by the tracks (highly suspicious), the police would come and then act first and ask questions later. 

Alright, but let me point out that in both of the above police encounters A) the "event" that brought the police to me had NOTHING to do with me being around railroad tracks and B) both incidents happened on public streets and/or parking lots. I was completely visible and not trying to hide any of those times. If anything it taught me that hiding works because every time I stay out of sight I never run into any trouble and if I'm obvious about my activities that just invites unwanted scrutiny. And about the "act first and ask questions later" - well the police didn't really have to act - I mean it's not like I was running from them or actually doing anything bad - it was the ask questions part, instead of asking questions to find out what you are doing here and give you the benefit of the doubt certain police officers "assume" you must be guilty because let's face it railfanning is not mainstream and is easily mistaken for foul play, and when you try to educate the officer about what you're doing they just think you're lying and up to no good, that's wrong. 

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Posted by schlimm on Sunday, July 17, 2011 1:34 PM

As zugman pointed out, if a person were seen hiding in bushes by the tracks (highly suspicious), the police would come and then act first and ask questions later. 

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Posted by Sawtooth500 on Sunday, July 17, 2011 1:01 PM

schlimm

One is judged by the appearance of his or her behavior.  If you are doing something ambiguous that can easily look suspicious, as in the two situations you describe, even if what you were actually doing was quite innocent and harmless, then you shouldn't be surprised at getting stopped and questioned.

I am not disagreeing that the behavior was suspicious and the cops came and questioned me - but what I saw were two different attitudes among cops:

1. Certain cops had an "Ok let's get to the scene, talk to the people and see what's going on" attitude before making any judgements - and I respect those people as they were just doing their jobs and I don't have a problem with them. 

2. Other cops had a "Ok this is unusual so this guy MUST be up to no good" attitude and come at you "knowing" that you are guilty of some big crime and they are determined to bust you no matter what because you're just scum they want to get off the streets - these cops are the ones I have a problem with. 

From my perspective, you never know which kind of cop you'll get and as I mentioned before at the scene the law is whatever the cop says the law is, and that's why it's better to stay out of sight and out of mind. 

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Posted by schlimm on Sunday, July 17, 2011 12:53 PM

One is judged by the appearance of his or her behavior.  If you are doing something ambiguous that can easily look suspicious, as in the two situations you describe, even if what you were actually doing was quite innocent and harmless, then you shouldn't be surprised at getting stopped and questioned.

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Posted by Sawtooth500 on Sunday, July 17, 2011 11:39 AM

Here's another story - I was railfanning at night, and I parked on a deserted residential street and I walked over to the tracks. Stayed by the tracks for about an hour, went back to my car there were two cops by my car. So supposedly when I parked my car there some lady thought it "suspicious" that I had parked my car on the street at night and then went digging in my trunk before walking off (I was looking for my other batteries for my scanner). So this lady called 911 because yes I was on a public street at night. Ok, so I get back there and by the time I get back apparently the cops did a search of the area and around the back of the houses - and one asked if I didn't see them, which I really didn't because I was nowhere near the houses I was by the tracks. Anyways one of the cops was nice - he listened to my story and believed me - and the other guy automatically thought I was guilty and lying - I had some binoculars with me and he told me there is no reason to have binoculars at night except to peep into people's houses - how about seeing the numbers on a locomotive from a distance to see if it's the train that I heard on my scanner? But the point here is that one guy was nice and professional, and the other guy was an a-hole who automatically assumed I was out to burglarize someone and really didn't care what I had to say. 

I've always been let go by the cops but seriously getting stopped and having to play the dog and pony show gets old. The ironic thing is that every time I've stayed out of site next to the tracks I've never been stopped at the tracks - it's always been going to my car after railfanning, which is also legally parked but usually in some secluded area. The point is never argue with a cop because when it's just you and him it doesn't really matter what is written in the law - the law is whatever the cop says it is and arguing with the cop or trying to prove him wrong will just$1****$2off the cop. Court is your time to argue but it's just so much better to not even get arrested in the first place. 

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Posted by Sawtooth500 on Sunday, July 17, 2011 11:23 AM

I am biased against certain police officers - 

I've been stopped numerous times railfanning. Also for the record, I don't really care for pictures I just watch the trains so I don't have a big camera on me. I will admit most of the time the officer is nice and courteous........... I had a guy take away my pepper spray once because he said it's "illegal to have" - the same pepper spray other cops saw and had no problem with. And then the cop made out like he was doing me a favor by "not taking me to jail" - SERIOUSLY? Oh by the way, let me mention that this incident wasn't even next to the RR tracks, it was in a public parking lot as I was returning to my car after railfanning, it was at night and he found it very suspicious that someone would park their car in a public parking lot at night when nobody else was there... he also really didn't like the fact that I had a scanner and railroad atlas with me. And I asked him how he knew I was here and he said he was just driving by and saw an empty car in the lot and wanted to check it out, so it's not even like someone called me in about something. Yeah, I am real *** off about that. 

Another time I was parked by Eola yard in Chicago at night and a cop pulled by and asked what I was doing - but she was real nice. Didn't search me, didn't assume anything wrong, I just explained it to her and she said ok. That's how it should play out - but as a railfan when you're approached by a cop you just never know what their attitude will be. 

Most police officers are good people - but the fact is that I never know when that one a-hole will come around and arrest me on some stupid BS charge and then I have all these legal problems... by staying out of sight like in the bushes I just don't get involved in any of that. 

I just want to watch my trains in peace and not be bothered, that's all. 

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Posted by zugmann on Sunday, July 17, 2011 11:10 AM

If I'm on a train and see you hiding in the bushes - you will be way more suspicious than some guy standing out in the open with a camera.  

 

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

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Posted by schlimm on Sunday, July 17, 2011 11:09 AM

You seem very biased against the police.  And lest you think I am some pro-police person, that would be dead wrong.  Why take the word of some adolescent who certainly seems pretty idiosyncratic and also seems aware of and even enjoys the negative reaction he and his pals get around rails and stations, over that of several adult police?

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Posted by Sawtooth500 on Sunday, July 17, 2011 11:02 AM

Sitting in the bushes is only suspicious if you are actually seen... so far I never have!

Furthermore, the point was made that the guy is only going to be convicted IF he was actually trespassing. So how do you know if he was trespassing? The cop's word. . 

Seriously if you get a report of someone with a "device" on the tracks, yeah the cops should come and check it out by all means but what they should not do is assume guilt from the get go and then bend facts because they want to ensure that the guy is guilty - a good cop is one who wants to find out the truth of what was happening and then act according to that - a bad cop is someone who hears on the radio "there is a possibly a guy with a device" and then assumes that there is no possible alternate story there, and you're automatically guilty upon arrival. 

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Posted by EightNSand on Sunday, July 17, 2011 10:16 AM

Which only brings us back to the original question of whether he was trespassing on railroad property. If he was, he will be convicted, if not he won't. That's what proof beyond a reasonable doubt is about. Of course, if he even stuck his toe over the property line, he was trespassing, as trespassing is a strict liability offense.

8 N' Sand

 

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Posted by zugmann on Sunday, July 17, 2011 9:05 AM

Because sitting in the bushes isn't suspicious at all...?

 

 

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

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Posted by Sawtooth500 on Sunday, July 17, 2011 1:25 AM

This entire incident reminds me why recently I've chosen to become the "invisible" railfan - I'll park my car a distance from the tracks, I'll walk over, and then I'll go sit in the bushes hidden and out of sight. I used to wave high to the crews but I don't even do that anymore - I remember once I was doing that and some a-hole crew member reported me as a "suspicious person" next to the tracks as I was waving to them (and please excuse me all of you nice guys out there that wave back, but as in any profession there are certain people who just have a bad attitude). When I stay out of sight I can enjoy watching the trains and nobody bothers me - and I have been bothered numerous times by police when I was in site and completely legal they just find it "odd" that someone would stand by the tracks for the sole purpose of watching trains... just stay hidden and out of sight is my advice. 

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Posted by schlimm on Saturday, July 16, 2011 5:32 PM

If he actually didn't do anything wrong, the case will be dismissed, regardless of his postings.  The way some folks are posting on this, it's as though they think he really did something illegal, but want him to get off and blame the police, as though he were truly a victim of police abuse.  Judging by the sort of silly postings he and his pals make on Twitter, some real railfan or railroader needs to straighten him out and get him to realize that in this day and age, what were once innocent, though goofy acts of youth around transportation areas, will get you in real trouble.

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Posted by EightNSand on Saturday, July 16, 2011 4:33 PM

His lawyer probably obtained an adjournment. A good idea to let things quiet down. Hopefully the prosecution is not aware of this site and his other posts...

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Posted by schlimm on Saturday, July 16, 2011 8:35 AM

His supposed court hearing he earlier had claimed was July 12.  Continued?  Dismissed?  Bound over for trial? Never was?    Indicating the outcome on a forum is in no way damaging to his case.

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Posted by schlimm on Friday, July 15, 2011 7:02 PM

His hearing was supposed to have been three days ago.  And you can see the sort of stuff folks like him are involved with.

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Posted by zugmann on Friday, July 15, 2011 6:42 PM

trainboyH16-44

 

 HTower:

 

he's still posting new rail videos, so I guess his lawyer wasn't able to shut him up until after the trial

 

 

Because enjoying his legal hobby is totally a detriment to his legal defense...

 

Yeah, but if you are involved in legal precedings, it's probably better to keep a low profile until you get it worked out. 

 

And yes, Virginia, this includes posting to rail forums.

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

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Posted by harlemlinedispatch on Friday, July 15, 2011 5:38 PM

The post by "IRideTheHarlemLine" was a joke. I was not "planking" or anything of such. I was not even at that location at the time. If you look at the video I favored, its not really an F40 running over someone. 

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Posted by trainboyH16-44 on Friday, July 15, 2011 2:03 PM

HTower

he's still posting new rail videos, so I guess his lawyer wasn't able to shut him up until after the trial

Because enjoying his legal hobby is totally a detriment to his legal defense...

Go here for my rail shots! http://www.railpictures.net/showphotos.php?userid=9296

Building the CPR Kootenay division in N scale, blog here: http://kootenaymodelrailway.wordpress.com/

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Posted by schlimm on Friday, July 15, 2011 1:55 PM

If you look at his (g. grice) and his friends' tweets, you can see these folks are harmless, but like to do silly stuff, sometimes to upset adults and authorities, such as "planking" aka, the lying down game or play dead game  [face down, motionless].  Not too hard to imagine that police would be suspicious of that activity by a track.

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Posted by harlemlinedispatch on Friday, July 15, 2011 12:27 PM

HTower

he's still posting new rail videos, so I guess his lawyer wasn't able to shut him up until after the trial

I'm not going to let a court case stop me from railfanning. 

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Posted by HTower on Friday, July 15, 2011 11:30 AM

he's still posting new rail videos, so I guess his lawyer wasn't able to shut him up until after the trial

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