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The biggest Jerk! Don't go into Wheaton!

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Posted by Kurn on Monday, May 23, 2005 7:55 PM
Sorry,but I just don't buy the "things have changed" excuse.Its a typical knee-jerk reaction by those in charge because they are either too lazy or too clueless to address the issue.Case in point is trucking and haz-mat.Do they really think a terrorist is going to drive a PLACARDED truck with all his haz-mat endorsments in place?Don't think so.Maybe rent a Ryder.........The point is,no one seems to have any kind of plan and the average joe(or railfan)has to suffer.

If there are no dogs in heaven,then I want to go where they go.

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Posted by adrianspeeder on Monday, May 23, 2005 7:59 PM
Ok, calm down everybody. Every person can have a bad day, and add that to an otherwise "I'm better than you attitude" can make one really bad confrontation. No point to argue with a cop in the field even if he or she is wrong. What I have done in the past was I got his name and left in my truck. One time I worked it out with the officer over the phone the next day, and the other time had to talk with a supervisor, but it was after egos had cooled.

Adrianspeeder

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Posted by Anonymous on Monday, May 23, 2005 10:24 PM
Two good rules of thumb:

1 - Don't go around encouraging people to play "Junior Lawyer".....We have more than enough of the real ones to go around. Needless litigation we don't need.

2 - When a person in a position of authority (such as a Policeman, a County Sheriff, a State Trooper etc.) requests that you do something, the most prudent thing you can do is COMPLY. You may not like the manner of their delivery, but you need to understand that these people are working under orders...they don't necessarily get their jollies on giving people a hard time. Remember these people are human too and IMHO are deserving of some semblance of respect. (And NO...I'm not a Police Officer... [;)] )

Surely there must have been some other parts of that city that you could have been able to look at trains without incident.
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Posted by Anonymous on Monday, May 23, 2005 11:12 PM
QUOTE: Originally posted by Kurn

Sorry,but I just don't buy the "things have changed" excuse.Its a typical knee-jerk reaction by those in charge because they are either too lazy or too clueless to address the issue.Case in point is trucking and haz-mat.Do they really think a terrorist is going to drive a PLACARDED truck with all his haz-mat endorsments in place?Don't think so.Maybe rent a Ryder.........The point is,no one seems to have any kind of plan and the average joe(or railfan)has to suffer.


A terrorist WILL drive a placarded truck. Otherwise he or she will NOT make it far enough to any target area that is useful

A unplacarded tanker truck will be removed from the highway so fast....

The trucking industry takes care of thier own, NOT ONE truck that hauls hazmat turns a wheel unless alot of things are satisfied.

A terrorist theoratically could pull the driver out of the cab at gun point and kill him and take over the truck.. but I gaura-dam-tee you that there will be peole around either at the scene or via satellite who will alert to this problem.

In fact, a terror enemy combatant will find a way to make war on America. For example... why does he need a hazmat truck sitting in our trux stop when he can get any amount of explosive or a RPG and take out one of the chlorine gas tankers that roll by on the mainline sometime late at night while everyone is sleeping?

Why worry about a solitary 18 wheeler when TRAIN LOADS are availible just a few miles away?

Maybe you feel I am coming down too hard on you.

9-11 is a day of trouble for America *sniffs... they came, killed, hurt many folks and did a great deal of damage executing thier attack on America.

We very well can be hit again at any time.

Yes 9-11 changed America and all the world. Before 9-11 no one could care less what you took pictures of trains from where? They probably would wink and smile and joke about the person who probably plays with trains in some basement somewhere.

There is a good way we can fix this situation. Training. If the police department in Wheaton Ill became aware of this thread and the problem caused when the officer failed to exercise some kind of restraint due to lack of training in what ever they call it "Confronting" a suspicious person?

No sir, I have been approached many a time in crazy situations by police and am not afraid of them. They say "Hello, or good morning!" is there something they need to know or help me with?

Once in a while I meet one who is having a bad day. I usually discover that and try to diplomatically assure the officer that I am not a problem. It works out pretty quickly.

Once in a while the officer is really in a bad mood and youre it. It's gonna get difficult for you real quick. If you think that is the case, might as well thank the officer for his attention, wish him a good day and ease out of town before anything else happens

Marines call it not retreating but strategically repositioning for another day.

I too have seen train photograpy threads pop up from time to time regarding officers or suspicious people.

perhaps it's time we talk about how to contact cities or towns ahead of time to reach a understanding of how best to photograph trains in a given area instead of just showing up with a camera in hand.
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Posted by Anonymous on Tuesday, May 24, 2005 7:31 AM
There need to be something done to protect the daily Railfan so that He or She can enjoy their hobby without the worry about going to jail. We Railfans love our Hobby we just don't liked to be harassed all the time be others. I also know that there alot of cops who are very friendly and will pass on by just giveing a wave but other cops would rather just be a ***!
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Posted by gabe on Tuesday, May 24, 2005 8:39 AM
QUOTE: Originally posted by BNSF railfan.

There need to be something done to protect the daily Railfan so that He or She can enjoy their hobby without the worry about going to jail. We Railfans love our Hobby we just don't liked to be harassed all the time be others. I also know that there alot of cops who are very friendly and will pass on by just giveing a wave but other cops would rather just be a ***!
BNSFrailfan.


This is kind of my point. If rail fans practice their hobby responsibly, I think the intrusion caused by all of this stuff will be minimal. Like it our not, it is your duty to know whether you are trespassing. If you are on a piece of land, and you are trespassing and don't know it, it is no defense to say "I didn't know."

There are many places I would like to go and look at trains, but I don't because it is trespassing. That may mean I have to drive another 10 minutes to find a spot where I have a right to be where I am.

The other thing is, if we as a group get a reputation as confrontationalists with officers, it is not going to help our hobby. If you think you have a right to be standing where you are and an officer asks you to leave, be polite, ask him what law you are breaking, leave, go check the officer's facts and if he is wrong come back or file a complaint.

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Posted by vsmith on Tuesday, May 24, 2005 9:44 AM
QUOTE: Originally posted by BaltACD

Originally posted by amtrak-tom



....and besides the cops wife, who wears the pants at home had cut him off that morning and he had to take his lack of power at home out on somebody.



[(-D][(-D]this is probably closer to the truth than we'll ever know[(-D][(-D]

   Have fun with your trains

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Posted by Anonymous on Tuesday, May 24, 2005 8:40 PM
QUOTE: Originally posted by gabe

QUOTE: Originally posted by BNSF railfan.

There need to be something done to protect the daily Railfan so that He or She can enjoy their hobby without the worry about going to jail. We Railfans love our Hobby we just don't liked to be harassed all the time be others. I also know that there alot of cops who are very friendly and will pass on by just giveing a wave but other cops would rather just be a ***!
BNSFrailfan.


This is kind of my point. If rail fans practice their hobby responsibly, I think the intrusion caused by all of this stuff will be minimal. Like it our not, it is your duty to know whether you are trespassing. If you are on a piece of land, and you are trespassing and don't know it, it is no defense to say "I didn't know."

There are many places I would like to go and look at trains, but I don't because it is trespassing. That may mean I have to drive another 10 minutes to find a spot where I have a right to be where I am.

The other thing is, if we as a group get a reputation as confrontationalists with officers, it is not going to help our hobby. If you think you have a right to be standing where you are and an officer asks you to leave, be polite, ask him what law you are breaking, leave, go check the officer's facts and if he is wrong come back or file a complaint.

Gabe
Thank you Gabe! Point well taken.
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Posted by klahm on Tuesday, May 24, 2005 9:48 PM
The parking lots along the ex-CNW main in Wheaton are all City property. I've fanned the area, mostly on foot, numerous weekends while schlepping my wife's pottery stand in & out of the Saturday morning French Market, located in one of those lots. I've had few encounters with Wheaton police, but have found them to be businesslike and courteous each time. And they do protect UP property closely - more than once, I've seen them ID UPRR crews walking to get some coffee or snacks when the dispatcher leaves them in the middle track hole for extended periods.

This guy sounds like a bad apple. A complaint to the Chief or Internal Affairs is in order, before he does something dumber and costs the City some serious money via a civil rights suit.
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Posted by fuzzybroken on Tuesday, May 24, 2005 11:00 PM
Ok, I'll weigh in on this one. I read much of this once somewhere, it might have even been this forum!!!

If you're taking pictures of trains, and only taking pictures of trains, be sure to have some "evidence" that that is what you are doing! Examples include Trains magazine and the like, printed examples of your best work, railroad T-shirt or hat, some HO scale models you just picked up at the hobby shop, etc. I even went so far as to have "website cards" printed up with my website address!

Be courteous!!! (THIS IS IMPERATIVE!!!) Often a little "education" will go a long way. Some people (law enforcement included) have no idea what railfans do. If you *happen* to be trespassing, apologize and ask for a suggestion of a better location. Always reply with more questions than answers!

Also, keep a copy of www.krages.com/ThePhotographersRight.pdf handy. Use it as a tool, not a weapon!

And finally, if all else fails, try to resolve the issue later, after tempers have cooled. Complaints and such further up the chain will do after all other efforts have been exhausted.

Remember: Never argue with a fool. If you do, others won't be able to tell who is the fool.

Have a nice day,
-Mark
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Posted by Anonymous on Tuesday, May 24, 2005 11:11 PM
There's jerks where I work, but they're the minority.
I used to work at a Police Dept and there were jerks there, but they were the minority.
Chances are there are jerks at the Wheaton PD (and it appears perhaps that you met their leader), but hopefully they too make up the minority.
My point, sounds like an unfortunate encounter - best answer make a mental note of the badge # and contact the shift commander, office of the chief or I.A. dept at the agency. They do take complaints seriously (too much liability risk to not do so) and let them handle it.
I disagree that this is necessarily a 9-11 thing. Could be, but I'm also sure that Wheaton sees it share of railfans and this cop may just have a beef with trespassing (or what he may percieve as trespassing (whether he was right or wrong.)
If you really want to stew him - contact the City Assessors office, find out where there are parcels that he city owns along the tracks and use those. Doubt that he'd have a leg to stand on, lest it was posted to the contrary.
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Posted by tree68 on Wednesday, May 25, 2005 6:43 AM
I'll second the bad day thing for the cop - but also know that people can get fixated on something, as this guy apparently was about railroad security. Based on what's been written here, it sounds like he was fibbing a little when he said that the lots were railroad property - he probably was hoping that a badge telling an out-of-town railfan who hopefully didn't know any better that he was trespassing would be taken at face value and the fan would leave.

Calling his bluff would have been asking him where a good spot for the photo would be - now he has to shift from "authority figure" to tourist assistance, and I suspect that would have flummoxed him in that situation.

LarryWhistling
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Posted by TimChgo9 on Wednesday, May 25, 2005 8:33 PM
Okay..
How many times do we have to go over this???
When a police officer says something ..... do it.....
And, if you spoke it the officer the way you said you did, trust me, you would have been wearing silver bracelets on your way to the lock up, for disorderly conduct. So, Glen Ellyn, spare us the bravado okay? I don't beleive for a moment you spoke to the officer in that manner.

Why did the officer act in that manner? Maybe he was a jerk, maybe he thought you were irritating, and wanted to you get lost, maybe he was having a bad day, maybe he got a complaint about you from someone nearby where you were at. You don't know if someone called the police on you. I have never had a problem with either police, or railroad security for one reason: I respect property, follow the rules, and I am courteous to those in authority.

So, stop your self important "I;m a tough guy" rant, and follow the rules, be nice to the guys who wear the badges, and find a place where you won't get hassled. (BTW, spell check works wonders.)

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Posted by gabe on Thursday, May 26, 2005 10:10 AM
QUOTE: Originally posted by TimChgo9

Okay..
How many times do we have to go over this???
When a police officer says something ..... do it.....
And, if you spoke it the officer the way you said you did, trust me, you would have been wearing silver bracelets on your way to the lock up, for disorderly conduct. So, Glen Ellyn, spare us the bravado okay? I don't beleive for a moment you spoke to the officer in that manner.

Why did the officer act in that manner? Maybe he was a jerk, maybe he thought you were irritating, and wanted to you get lost, maybe he was having a bad day, maybe he got a complaint about you from someone nearby where you were at. You don't know if someone called the police on you. I have never had a problem with either police, or railroad security for one reason: I respect property, follow the rules, and I am courteous to those in authority.

So, stop your self important "I;m a tough guy" rant, and follow the rules, be nice to the guys who wear the badges, and find a place where you won't get hassled. (BTW, spell check works wonders.)




As indicated in my previous posts, I am not altogether adverse to your position.

However, you are probably wrong about your disorderly conduct contention. There is a Free-Speech right to talk to the officer in exactly the way he did in most states. I say "probably wrong" because there are several exceptions, and Illinois may have its own quirks. But, I would be willing to make a 90% bet that his speech was perfectly acceptable.

I am just saying make sure you what you are doing is legal before calling the officer out on it. If the officer is doing something illegal, by all means stand up for your rights (legally). But, from everything that was conveyed in the story, it was far from apparent that the officer was doing something for which he didn't have a right to do.

Gabe
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Posted by Anonymous on Thursday, May 26, 2005 11:06 AM
Pin a badge on a guy, and he thinks he's the most power person in the world. Granted, the cop could have been having a bad day, or the mayor of Wheaton's been riding the police chief over increased security around railroad facilities and property, or the cop's behind on his ticket quota, and he's feeling the heat from the chief of police. Who really knows???

On the other hand, as mentioned earlier, things have changed since 9/11/01, and not for the better, thanks to Homeland (In)security. It's understandable to notch up security after such a tragedy, but for how long? How many freedoms must be lost in keeping people "safe?" With freedom comes responsibility. Act foolishly, and face the consequences, but why crack down on everyone? Is this the USA or the USSA?!
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Posted by gabe on Thursday, May 26, 2005 11:11 AM
I don't understand why there are all these attenuated contentions regarding 9-11, this incident or the cop having a bad day, and such.

911 is an interesting policy debate, but it doesn't change the fact that, at ANY given time there is always the law and an action is either legal or illegal. If you are doing something legally, you may not be asked to move (although your remedy is to file a complaint, take the officer to court, or go to the officer's superior to over rule him--not resist the officer) if you are doing something illegal, you can be taken to jail.

It is not asking too much to suggest it would be wise to know that you are in conformance with the law before becoming aggressive with the officer.

Gabe
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Posted by Anonymous on Thursday, May 26, 2005 11:42 AM
Since 9-11, police are on the lookout for any suspicious looking people hanging around railroad property, airports, bus terminals, etc. as part of homeland "security." I've found the best thing to do is keep my camera in plain sight, and be on public property when photographing trains. That usually allays any suspicions from passing police, or railroad cops.

If I'd been put in the same situation, I would have appologized, left the contested area, and looked for another place to park, all the while waiting for the cop to go on his way. That's how I would have handled it, if I was in the situation, but different folks handle things their own way.
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Posted by Anonymous on Thursday, May 26, 2005 4:07 PM
Glen Ellyn. the authorities are very watchful theses days of people hanging around public works,I.E power plants, dams, bridges, railroads. they have to think possible sabotage. people taking pictures of certain things raises eyebrows. Remember they did conclude that at one time arabs were taking pictures of the world trade center,and they were not tourist!!! You probably fit the profile.Next time wear your little old casey jones cap & a shirt that says I'm a rail fan>"" Easter
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Posted by Anonymous on Thursday, May 26, 2005 4:32 PM
I grew up in Palatine back in the 1970's, my biggest joy was snapping pic's of the old E & F units. Occasionally, I too was hasseled by "the man" or C&NW employees, but....lets face it ...we are still considered "freaks" because we love trains. It's acceptable to drive to work all week long and then 8 hours to a road race and watch cars go around in a circle... but we are considered the odd balls...go figure.....
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Posted by Gluefinger on Thursday, May 26, 2005 5:03 PM
QUOTE: Originally posted by easter

Next time wear your little old casey jones cap & a shirt that says I'm a rail fan>"" Easter


And have your chances of being cool ruined for life!
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Posted by Anonymous on Thursday, May 26, 2005 9:45 PM
Oh sure attack the Railfan for doing nothing wrong but where are these so called cops when there needed the most. I sat in my truck one day and was watching 2 punk young teens walking right down the middle of the UP main line and even had the gull to even walk right on the rails right in broad day light! And where the the cops,You guessed it.......no where to be even found. But when a railfan is present oh hell railfan goes to jail.
I think that USSR sound more approate for this country. This isn't the USA anymore it is more like some other country. We have lost our freedom to what expence in a very paranoid nation that we live in. And I am very angry that this country won't grow up.
I mean how much longer is the news meada going to cram the terror in our faces before everyone desides to not to go out anywhere anymore. I got it. raitings that's it.
I remember railfanning use to be so fun. Not anymore.[:(!]
There I go again blowing up again....................
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Posted by RudyRockvilleMD on Thursday, May 26, 2005 10:34 PM
Remember Morton Grove and what came out of it earlier this year? From what I understand METRA does not object to railfans phtographing trains from their station platforms.

But, the question is, are railroad station platforms or parking lots owned by publically (taxpayer) supported entities public property in the same sense as a street or a park is public property? I don't know!

I have read Bert Krages' tract, and it has some good guidelines about photographers' rights, however, I would never show it to a cop, even if I were photographing a train from public property, nor would I keep copies of any railfan publications around to show to a cop totry to prove i'm legit. My experience has been I have never been hassled for photographing trains from public property, but as others have said, If a cop tells you to leave, or that photographing trains is against the law, even from public property, leave!
Get the cop's name (nametag) and badge number, and report the incident to the proper authorities.
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Posted by Anonymous on Thursday, May 26, 2005 11:58 PM
I've been through this before, I'll go through it again.

I am a deputy sheriff in Alabama.
Yes, things have changed since 9/11. And things have become a lot more ugly for police officers and deputies.

I have learned to tune out attitudes, bad, indifferent or good. My only functions are to a) enforce the laws of my county, state, and the Federal government...and b) get through my shift in one piece.

The initial post kicking all this nonsense off is a one sided view in which the writer is the civil rights impaired victim. Not surprising, as everyone is the hero of their own autobiography. Lacking is any knowledge of where the cop was coming from. I can come up with about a half dozen reasons why he acted the way he did... all of them having to do with professional police work.

As a matter of professional courtesy, I do stop and check vehicles stopped by the side of the road. Sometimes they are broken down. Sometimes they are lost. Sometimes the car is stolen (has happened twice in two years.) Now I could blow right on by and leave them alone... and catch hell from my Sheriff come the next Monday morning because I left his sainted aunt dehydrating by the side of the road.

When I come across an angry, confrontational person, it is in my training to control the situation by letting them know who is in charge... which, by the way, is me. It's not a power trip, it's personal protection. You are mad and there's a good chance you might end up trying to hurt me. One angry person managed to get a shot off at me before I killed him. Another, just two weeks ago, clobbered me and had me spend a couple of hours in an ER shaking off a minor concussion. (Yes, he's in jail right now. He says he is really, really sorry.)

I am not a mind reader. I can't tell if you are a harmless train fan or Christopher McVey. When I come across an angry person, I will probably be less than understanding. I will be abrupt. I will wonder why you are so angry. I will wonder what you are doing. I will wonder who you are. And yes, I'm going to ask rude questions, probably in a format that is less than what you might consider polite.

BTW, for those of you who think I ought to be chasing bank robbers, I was... until one of them shot a police officer two weeks ago. The officer, who recognized the bad guys (all six of them) could have shot them but didn't, as there was no clear line of fire. The bad guys had no qualms about shooting first... and they did. Yes, the cop is alive... even got out of the hospital... but will never ever work as a cop again. They were all angry young men. One of them is now dead. Five are in custody. Their rights are being scrupulously observed.

Get over your anger, ask permission before you shoot photos (I do) and try hard to see both sides of a story before you label someone as a "jerk". You will be happier, cops will be happier, and both sides will be equally served.

Erik
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Posted by fievel on Friday, May 27, 2005 8:49 AM
Anger begets anger. [V][:(]

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Posted by scole100 on Friday, May 27, 2005 8:50 AM
I am an ex-police officer. Several of the previous posts mention "contempt-of-cop" as a good way to get a night in jail. I agree. We actually had training in our department that helped us realize the danger to us, if we lost objectivity while talking to citizens. As a citizen you absolutely have rights, in the long run those rights will win out (hopefully). Case in point is the previous post from edbenton about him hitting a tree. The reality is that in the short term, the police officer has the power. You may well spend a night or two in jail before your rights win out. Lastly, police officers are people too. If they talk to you and ask you questions. You answer, and ask some of your own. Tell him/her why you are there. Most officers are not rail fans and won't understand, (none of the people I worked with understood me.) Thell them "Hey, if you are a sports fan, and your favorite player was scheduled to walk down a street in your town at a certain time, would you want to see them? Would you want a picture maybe? I do not expect you to understand this hobby, but I am sure you understand the motivation. If I can not stand here, could you reccomend a place that I could be until the train passes?" If you treat the officer as a person rather than a hassle, there is a much better chance that he will do the same for you.
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Posted by halifaxcn on Friday, May 27, 2005 7:40 PM
Erik and scole have hit the nail on the head. We are sometimes our own worst enemies!

This weekend when out railfanning or whatever, say thanks to a vet, and remember those who died to keep us free!

Happy Memorial Day
Frank San Severino CP-198 Amtrak NEC Attleboro, MA
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Posted by mrbudson on Tuesday, August 29, 2006 9:08 AM

HI ANDREW

I HAVE A QUESTION FOR YOU. WAS HE A RR COP OR POLICEMAN FROM THE TOWN YOU WERE IN.IF HE WAS A LOCAL OFFICER YOU COULD GO TO THE STATION AND TALK TO THE SARGENT OR WATCH COMMANDER AND COMPLAIN EVEN IF YOU DO NOT LIVE IN THE TOWN.

SOME RR HAVE WHAT THE CALL SPECIAL POLICE WHICH MEANS IF THEY SEE A CRIME IN WHICH A LIFE IS IN DANGER THEY CAN INTERCEED,BUT NOT INFORCE TRAFFIC AND MINOR LAWS.

I HAD A SECURITY OFFICER FROM THE   CP RAIL SYSTEM   ASK       ME NOT TO DO  ANY  PHOTOGRAPHY  NEAR THE BENSENVILLE  YARD TOWER BECAUSE OF HOMELAND RESTRICTIONS BUT DID TELL ME WHERE TO GO TO BE OUT OF THE WAY,I SAW HIM LATTER AND HE TURNED OUT TO BE A COOL GUY.

 HOPE THIS HELPS    BOB (AKA) BUDSON

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Posted by wgnrr on Tuesday, August 29, 2006 1:23 PM

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

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Posted by Kevin C. Smith on Tuesday, August 29, 2006 1:23 PM

 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

Old story from a lawyer cousin of mine...

An attrorney was having a difficult day in court with several rulings going agaist him. Finally, the judge made a ruling that was just one too many for the attorney and he jumped up and said (out for frustration more than anything), "Your Honor, you can't do that!" The courtroom immediately got completely quiet and everyone is expecting the attorney to, at least, be cited for contempt-if not be ejected from the courtroom. Finally, the judge quietly picks up his nameplate from the front of the bench that says "Hon. XYZ", turns it around to read it and replaces it on the front of the bench, saying, "why, son, it says right here that I can."

I'm sure any attorney has more than enough stories of (other) attorneys going overboard in court.

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Posted by Poppa_Zit on Tuesday, August 29, 2006 4:07 PM

Did we really need to dredge up this thread after a year-and-a-half of collecting dust? That cop retired a year ago.

Seriously, what else do the cops in Wheaton have to do? It's not like it's a high-crime, urban area -- although they do write a lot of tickets for jaywalking, littering and burned-out rear license plate lights. So they do have some time to hassle kids with cameras waiting for trains. Smile,Wink, & Grin [swg]

"Everyone is entitled to their own opinion. They are not entitled, however, to their own facts." No we can't. Charter Member J-CASS (Jaded Cynical Ascerbic Sarcastic Skeptics) Notary Sojac & Retired Foo Fighter "Where there's foo, there's fire."

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