Tough questions of a bullshit ticket! (update post 102)

[e30e]

You just got a couple of asshole cops is all. Any good cop would have simply asked you to leave and let you know why. Specially if you were respectful.

So the cop is an asshole for doing his job; I'm not saying the OP deserves a misdemeanor or a huge fine. Most likely it'll get reduced; but what part of Federal Government Regulated land that he is patrolling does not make this a serious matter, he is doing his job. He's essentially a TSA agent, if you don't think the RR are serious business then just apply and see how long it takes to get hired and all the training you need just to get on property. Everyday being the new guy I have to look up the security levels and I had to get trained on identifying potential terrorist IED's on trains.

OP, when you go before the judge, claiming ignorance of the law isn't going to help, but letting the judge know that if you had a better understanding of FRA laws and seriousness of RR property you would have made a better decision and then begging for mercy will probably help. I can't see Union Pacific going after you hardcore if you agree to stay off property

[bernzpeed]

I believe it's called racial profiling. Get a legal counsel and determine what your rights are.

[joshh]

You just got a couple of asshole cops is all. Any good cop would have simply asked you to leave and let you know why. Specially if you were respectful.

[e30e]

did anybody consider/mention the fact that there are a VERY limited amount(frequency wise)of public access points along these thousands of miles of RR?? With strategically placed SIGNS!.... these problems wouldnt cost much to avoid for both parties;)

Bullshit, almost all tracks have access roads and sidings anywhere its level. Especially if there is multiple tracks. This is government required too. Half a million miles of track that would require signs for both sides would cost millions. Its common knowledge you shouldn't go where ever you want and not expect consequences. Its not like I walk in to your house and didn't know I wasn't supposed to be there. Its the Railroad, its for trains; not for a soccer match or ping pong tournament.

[greanthumb]

did anybody consider/mention the fact that there are a VERY limited amount(frequency wise)of public access points along these thousands of miles of RR?? With strategically placed SIGNS!.... these problems wouldnt cost much to avoid for both parties;)

[mrsleeve]

I'm asking for my own curiosity, not to be an asshole. Can you provide evidence or a source of what you just said mrsleeve?

Its Private property period end of story. They can dictate what ever terms they want to cross them. Also like e30e told you they are under federal jurisdiction, which will trump your state laws

last project I was on we had a RR crossing (pipe line) it cost the gas company 23k dollars (at least what I was told anyway) to get a permit bore under their 55' ROW. That few was paid to the RR company

Out west in alternating setctions on either side of their ROW's the RR own all the mineral water and timer rights. And in may cases much much more and you will never get them if you own any of that land. Iron clad arrangement's from a 100 years ago. Plumb Creek timber (look them up) have 8M ac of timber land in many states. Plumb Creek was spun off from the BNSF, in the early 80's, to manage the timber business. All that timber lands were land grants from a 100+ years ago from the federal govt.

http://www.pipelineandgasjournal.com/investigating-railroad-crossing-fees

http://www.americantrails.org/resour...RightsRRs.html

[Rsully70sev]

I'm asking for my own curiosity, not to be an asshole. Can you provide evidence or a source of what you just said mrsleeve?

[mrsleeve]

I thought in california you had to have signs posted every 100ft on you property. If not the owner can have you leave but can't persue legal action.

RR property rights TRUMP state laws. RR property rights TRUMP all, you cant fuck with rail roads. you cant cross their ROW with any thing (infrastructure wise) if they dont want you too or dont want to pay THEM a HUGE fee to cross it. RR property is untouchable period

[SoEm0]

I thought in california you had to have signs posted every 100ft on you property. If not the owner can have you leave but can't persue legal action.

[DTM190]

which any of us would too

[Rsully70sev]

He's trying to defend his company and their actions, that's it.

[DTM190]

How many KMs of roads are there in the USA?

There are speed zone signs yes? Cop out that there is too much to sign.

We arent talking in the middle of bum fuck nowhere her, its right in LA yes?

And why is there a fence with gates further back in one of the shots? Why is that fenced and not where the OP was, oh thats right, the environment and dont want to cut into the profits of the $100k per load putting up some signs in the more populated areas.

I get what you are saying e30e but wouldnt you agree a simple "move along guys, not allowed here" would have been a better outcome and allow the officers to focus on more important issues?

[mrsleeve]

If you have been on alive for more than a decade you know its illegal to be on other peoples property with out their permission. You also know its illegal to walk along or be close to the train tacks or on the ROW.

There really is no Uhhhh I didnt know that defense here. If you bold enough to trespass then you should be willing to pay the consequences if you get caught.

again, Ignorance of the law is not a satisfactory defense for breaking it.

[e30e]

Once again no.

By your logic, of "that's what the cop was doing"...then why do we have speed limit signs? Why don't cops just pull people over and inform them of the speed limit by handing them a citation or giving them a warning?

There should be a sign.

Write your senator and congress people to make that a rule and then as a consumer you'll be charged for 20 dollar sign that are posted everywhere. There is signs just not all of our 32,000 miles of track.

I am asking this purely out of curiosity and for the benefit of my own knowledge because I am always looking to learn from people that know (not in a sarcastic endeavor). Do even the LA Metrolink attendants/officers have federal powers? Again, I say that the rails are a whole different ballgame and was applying my extensive felonious criminal/traffic authority knowledge experiences. :)

I would tend to say yes since Railways are on Federally leased land and abide by Federal laws. But then again, I don't know with Metro lines since I haven't encountered them yet. I'm sure I will in the next 29 years I need before I retire.

[Rsully70sev]

Yes, I feel that people should be given a fair chance to be informed before prosecuted.

That's why we are allowed to ticket for speeding, stop signs, etc. Because they are all clearly posted, and have a regulated distance between each one.

If there is no sign, gate, etc and it's easily accessible by foot or automobile, how was he or anyone supposed to know it was trespassing? That common sense shit doesn't really fly.