I’ve always been curious how a private company developed police powers similar to a city or county.
Canadian National Railway http://tinyurl.com/l4jh4wy http://en.wikipedia.org/wiki/CN_Police
Canadian Pacific Railway http://tinyurl.com/oahefb7
OK, that’s how, the companies just did it.
Next question, and this gets to the heart of the matter, why did the civil authorities cede to a private company, policing powers? If the railroads can do it, why can’t Joe’s Trucking? Why not Home Depot?
Or, are the railroad cops really just glorified “rent-a-cops,” or internal security?
Not trying to be snarky or smart-a$$, I really want to know.
Up here, they have the same authority as the other cops. i.e. if someone is speeding merrily along and the RR cop notices, follows the vehicle for a bit and then pulls him over - as often as not they drive neutral coloured pick-up trucks (at least out here) - you 'll get the same hefty fine as from the regular police. Much to the surprise of the speeder who thought the cop had no business on provincial roads.
I’m on a first name basis with one each of the CN and CP cops and whenever we chance to meet my first question is “Sooo anything interesting lately?”
Steve, I shake my head about all the “cops” I see around here. The public transportation company has them, the schools have them, and on and on. They all drive around in police cars, and wear police uniforms, but I really have to wonder what (if any) authority they actually have.
HJ, the BNSF cops have similar authority, i.e., they are sworn LEO’s.
What I don’t get is how does a private company get to have their own sworn police force? Whose idea was that? Why can’t other companies do the same thing? What makes the railroad so special?
In many cases the railway was the only thing around when the settlers moved in, way back when. The railways were exerting lots of sway and could sell the politicos all kinds of stuff; e.g. most of all we need to protect our property. The line and all that land that was deeded to them.
Steve,
I believe you will find the roots of that date back the Butch Cassidy and The Sundance Kid, when I forget which president granted policing rights to the Pinkertons to pursue Butch and Sundance.
Like all things, give an inch, take a mile.
Bob C.
It was the lawyer for the Illinois Central who suggested hiring the Pinkertons, some guy named Abraham Lincoln …
The Pinkerton’s were nothing more than Private Investigators, glorified rent a cops. They were never sworn LEOs. They had to turn any perp who survived capture over to a LEO.
First of all Steve railroad police are not a private company their police powers are federal and state recognized and they have to go throw an accredited academy just like boot camp to receive their police powers. Depending on the state that the officer is currently working in they might have to go through that states academy to be recognized.
When I went through my academy over 25 years ago in California we had a sergeant who worked for Amtrak that had 15 years with them but when he transferred into California he had to go through their academy to retain his police powers. Didn’t matter that he was already a federal law enforcement officer.
These people aren’t simple security guards, they do the same things that any other law enforcement agency doesthey just do it over a larger area.
Chuck is absolutely correct. This article explains it all.
@Steve, Thanks for posting this topic. I learned something I too always wondered about.
Most companies don’t have the wherewithal to maintain an actual police force, and all that entails. Generally it’s cheaper and just as efficient to call whatever the local law enforcement agency is; after all, you’re paying taxes to pay for it, so … why double the effort? Exceptions would include things like railroad police, campus police, park police, airport police, etc. where the territory requires its own due to special circumstances, geography, or unusually high activity.
Most police officers would blink (at least) at having a territory/beat that’s several hundred miles long and fifty feet wide …
Matthew (OV)
Matthew (OV) said:
Most companies don’t have the wherewithal to maintain an actual police force, and all that entails. Generally it’s cheaper and just as efficient to call whatever the local law enforcement agency is; after all, you’re paying taxes to pay for it, so … why double the effort? Exceptions would include things like railroad police, campus police, park police, airport police, etc. where the territory requires its own due to special circumstances, geography, or unusually high activity.
Most police officers would blink (at least) at having a territory/beat that’s several hundred miles long and fifty feet wide …
Most police officers I run into think we are crazy covering huge areas by myself where backup is over 40 minutes away. Most town departments cover a few square miles and have more then one officer working especially bigger towns. I could transfer over and work for NJ transit police but the idea of covering territory hundreds of miles long but only yards wide in some cases is not too appealing. Although having a police car that can also ride the rails would be really cool. We have parks that we call linear parks. It covers the rail trails and old canals. Its a 100 mile long park but only 50-100 yards lwide.
Matthew (OV)
While we’re on the RR Police. On a rail-fan site one guy posted a few pictures, two days later he tells us that he got in trouble. A four man RR crew showed up at the location he was and lit right into him. Asked him to leave etc. etc.
Well apparently he was a bit slow, two cruisers showed up before he made his move. Hemmed in his vehicle, arrested him la-di-la, la-di-la Now he’s got a court date and certainly a very nice fine.
One of the other guys asked him if he was trespassing or not; no reply! I related the story of the guy who gave the RR cop lip about entitlement.
Next thing you know his posts are gone and he’s listed as a “former member”. It’s a very curious world, isn’t it?!?
All this is well and good, but it still doesn’t answer the original question, how does a private company get to have sworn LEOs? If BNSF or AMTRAK or CN can do it, why can’t Home Depot?
Chuck, I understand that these guys are sworn LEOs, but they are on the payroll of a private company, the same as the locomotive engineer or the conductor, or the gandydancer (are they still called that?). That makes them not the same as a state trooper, or a county deputy sheriff, or a city cop. Yes, they have certain police powers, such as the power to arrest someone, but, as far as that goes, so do I (citizen’s arrest). So, they are not cops in the sense that a state trooper is, but they are more than private security. What are they? You said that your AMTRAK friend had to go through the Academy, even though he had 15 years on the job with AMTRAK. That suggests to me that he wasn’t a “real cop.” What was he, during those 15 years?
Who thought this was a good idea? Let’s say that during his investigation, XYZRR Officer McGee discovers some shenanigans perpetrated at the direction of XYXRR, Inc. What does he do? His paycheck is provided by XYZRR, Inc. Or, let’s say that a body has been found on the property, and the evidence leads to the boardroom of XYZRR. Officer McGee’s paycheck is still provided by that same XYZRR Inc. Does anyone see a conflict of interest?
Just thinking on a rainy Sunday afternoon.
Dangerous.
The article I referenced above states…
"The appointment, commissioning and regulation of railroad police under Section 1704 of the U.S. Crime Control Act of 1990, provides that: “A railroad police officer who is certified or commissioned as a police officer under the laws of any one state shall, in accordance with the regulations issued by the U.S. Secretary of Transportation, be authorized to enforce the laws of any other state in which the rail carrier owns property.”
It is important to note that Section 1704 also states that this police authority is to “the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction”. While a railroad police officer may have general peace officer authority in some states such as California, they are limited to the railroad’s property in other states.
The status of railroad police officers varies by state, in that they are commissioned by the Governor of the state in which they reside and/or work in and they may carry both state level arrest powers and some interstate arrest powers as allowed by 49 USC 28101. Although railroad police primarily enforce laws on or near the railroad right-of-way, their police officers can enforce other laws and make arrests off of railroad property depending on the state in which they are working."
Joe, I understand all of that, but I think that you are missing my point. Who thought that this was a good idea, to put sworn LEOs in the employ of privately held corporations?
Its fraught with all manner of complications. Yes, no doubt there are many good and noble men and women who make their career as peace officers in the employ of the railroads, but is it a good idea, even if that is the way its always been done?
Wow your making this difficult to explain in writing and the laws are not always easy to understand lol… What makes it even more complicated is each state does things differently. Each State has their own laws. If you want to work in that state you have to attend their police academy. It doesn’t matter how many years you have or what department you came from. If a Trooper from California wanted to work in NJ he would have to attend NJ police academy, even if he had 20 years on the job. Some states will except other states academy but you might have to attend a shortened version of the academy to learn those state laws. If you attend a police academy and get sworn in you are a police officer for that state only. It does not matter if you work as a state trooper, Park Ranger/police, sheriffs, municipal cop, or Amtrac. You all have the same exact powers for that state you went to the academy in. If you work for the State like State police, Park Police you have the powers to enforce through out the State. If you work for a town you can only enforce in that town. Sheriffs can enforce for that county. I wont go into the feds that’s a another story.
The reason why Home depot does not have its own Police Force is because they take up small pieces of land, usually one per several towns. It would not be practical for them to have a PD. If their was a need for it then yes they can get a police department but they need approval from the state and or federals govt. Local police can handle any complaints that occur in Home Depot. With the bigger Railroads they cover large ground, extend across a state and the country. Railroads can be a high risk with what they carry, terrorists etc… Having their own PD guarantees better protection and does not tie up your local police who is their to protect its residence and property. It would not be cost effective for most private companies to have a PD. There is more at risk with railroads.
Yes anyone can make a citizen arrest but again it varies from state to state. As a citizen you are not protected like a cop. If you make a citizen arrest for a felony and it turns out to be a lesser charge you can be held liable. You also can not pull a car over for something because then you are impersonating a police officer. Also a police officer only needs reasonable suspicion to hold someone. Again it varies from state to state. Also a citizen is not required to act when a crime occurs a police officer has no choice.
I hope this makes a little more sense.
The same folks who thought to make Railroad unions and railroad retirement and railroad health care…