Large Scale Central

Railroad Police

Steve Featherkile said:

Dave Taylor said:

Thank you Steve and Shawn for the open debate on the RR police. My good friend Andy Saiez ( the guy that I built the water tank for) is a retired SF “Special Agent” (it’s what they called them then).

We had a similar discussion several years ago, I’ll try to remember how it basically played out. The RR police were Sworn LEOs for the state (Andy was a former police officer before signing on with SF). In the outer reaches of SoCal he patrolled some very desolate areas that the local police never went to unless called out on a crime call. Providing security for the RR where there wasn’t any local police, and rather unlikely that there would ever be any. As an example, Long holiday break for a track crew 80 miles East of Victorville, Work train left in the desert with tools, supplies and etc. Vandels shooting things up, B&E the supplies. He called in state police, was assisted by county and watched as several thugs tore thing up. When back up finally arrived they jointly arrested all of them.

Bottom line, the crime would never have been solved if it had been left up to the local authorities, as they had no reason to even be any where near where the train ROW crew was.

By having their own officers, they can put them any where they want, when they want, and cover their own needs as they see fit. At their own cost, and not at the taxpayers expense.

BTW Andy had assisted local authorities many times on calls when a local officer needed back-up and there was no local officer any where near. At the RR’s expense by the way.

Not only do they (RR police) have to meet all the state requirements, they also have to be well rehearsed in “Train”. Proper Safety, operations, and a thousand other things relating to the RR SOPs. That the local police officer, probably would never think of.

All together, I think that it is a very workable system. Now about “looking the other way” on some things. Integrity is every officers personal cross he carries. How he handles things are a personal commitment to him/her self.

The bold and blue color in what I quoted from you just proves my point, that the railroads really don’t need sworn LEO’s. By what your friend said, he had to wait for CHiPs, and the County Mounties, before he could do anything. He could have done that (waited) as a security guard. He did not need to be a sworn peace officer. Granted, it would never have been solved if left to local authorities, but having him be a sworn peace officer did not assist in solving the crime, either.

Steve any Police agency that needs help will always call other departments or agencies for assistance especially small town departments, or departments with low man power like Park Police and im sure RR Police fall under the same. Why do we need a Sheriffs department when you have State police? Why do we need State police when we have town police or why do we need Federal Police when each state has their own Police force. Departments don’t mind helping out when needed but if a local PD or State Police had to take care of all the illegal activity on RR property especially in remote areas it would get old. Plus its a wasting tax payer money taking away from our protection. Local PD’s dont want to deal with trespassing complaints and other disorderly person offences all the time on RR property. Its different if its you and me they are helping because they are being paid by our town to protect us not the private RR. For a RR to have its own Police force helps take the load off the local Police and they can arrest for these minor offences rather then wasting the local PDs time. Again if they had security they would still have to call the local PD even for minor crimes like trespassing. Crime is obviously high enough for these big RR’s to have its own PD. The local Police will help the RRR Police if needed in the case where they might be short on man power one day or something big occurs like a mass shooting etc…

In the case Of Dave’s friend calling for assistance. He could have done something, but you would have to be an idiot to try and stop 6 guys with guns in a remote area by yourself, especially if there is no life being at risk at that moment. That would be suicide. Its safer waiting for backup. Would you deal with a riot by yourself? No you will wait for backup even if its from the next town over.

How would you feel if your local PD was tied up dealing with a minor incident that occurred on RR property in a remote area and at the same time you needed your local PD to respond to your home for a burglary in progress. Now your local PD’s response time is going to be longer because they are on RR property dealing with a minor crime. Since RR’s have their own police force they don’t have to take away from the local police for the minor and in most major crimes. Yes their are those rare times they will call the locals for backup but that’s all they are back up. The RR police will still do the reports, charging the criminals and going to the courts. Not the local PD because all they did was assist.

Steve, i just talked to the sgt. on duty at our PD. I’ve been following this thread and wondered why as well. To answer the question of why doesn’t Home Depot (or other private business) have a standing police force is because they choose not to. Where i live we have a Norfolk Southern Rail yard. The railroad police usually have a presence there, they have arresting powers but then the local police jail the person if need be because they have the facility.

The PD says that the railroad pretty much just eliminates the ‘middle man’. The RR police arrest and press charges in the name of the RR. PD couldn’t begin to patrol all of the RR property and actually isn’t allowed to anymore than they can get out of their car and just wander around your back yard to patrol. I believe the term they use is ‘just cause’.

I liken it to an industrial fire brigade. We all went to the same academy but they became a specialized group of firefighters instead of a broad base ‘jack of all trade’ firefighter like I am.
They handle most incidents in the facility until the feces hits the fan and they need backup.

Terry

Here in new york,state conservation, campus and park police have all the same powers as state troopers. They do not have to call in another police agency for an arrest. PS they are all armed to same too. I think nys treats railroad police as nothing more than security guards here.

TROY MALECKI said:
Here in new york,state conservation, campus and park police have all the same powers as state troopers. They do not have to call in another police agency for an arrest. PS they are all armed to same too. I think nys treats railroad police as nothing more than security guards here.

Not unless they went through the same police academy and took an oath. For example Amtrac runs through NYS. Amtrac Police officers have the same powers as NYS Police. The only exception is Amtrac Police could only enforce on Amtrac property but that would be up to each State. Either way they are full fledged Police Officers. Im not sure what major railroads run through NYS other then Amtrac.

I think that we are talking past each other, here. The question still remains in my mind, “Is it a good idea for a private company to have sworn police officers in their employ?” I still say no. Night Watchmen, Security Guards, yes, Police Officers, no.

Terry Burr says that the only reason that Home Depot doesn’t have sworn LEOs in their employ is because they choose not to have them. That is a chilling thought. What happens when Home Depot decides that it is in their best interest to have them?

Anybody remember the movie “Robocop?”

I don’t know why the RR Police were created but I do know a little about why the operate the way they do now. When a person is arrested and booked into jail someone has to pay for it. If the City Police arrest someone for a non felony charge and book them into the county jail that I work at the city is on the hook for the booking fees and cost of incarceration. Similarly if a RR Cop booked someone in the Railroad would be liable for the costs. So the RR police typically do all their own investigations and apprehensions but have the local jurisdiction handle the arrest and bookings. An ex RR cop now Deputy that made the mistake of booking a suspect into jail himself explained this to me. His boss chewed him a new one. "The Railroad didn’t hire you to arrest criminals we hired you because you are a big guy with martial arts experience…

John

Steve Featherkile said:

I think that we are talking past each other, here. The question still remains in my mind, “Is it a good idea for a private company to have sworn police officers in their employ?” I still say no. Night Watchmen, Security Guards, yes, Police Officers, no.

Terry Burr says that the only reason that Home Depot doesn’t have sworn LEOs in their employ is because they choose not to have them. That is a chilling thought. What happens when Home Depot decides that it is in their best interest to have them?

Anybody remember the movie “Robocop?”

But Steve that’s why as a sworn Police Officer you have to follow State guidelines. If Home Depot got a Police Force it would be no different then any other Police agency because they all follow the same guidelines. If you don’t follow these guidelines as a department you will no longer exist or get taken over by the AG. This is what keeps any one department from doing what they want (like you said Robocop lol…) Home Depot would also have to get approval from the government and unless they can justify this, the government will never allow this. The railroad have justification because of terrorist etc… If the Railroads can afford it and the government is all for it then why not. Its added protection for the railroad and they don’t have to bother locals. Plus the railroad owner can tell their officers I want you patrolling xy and Z. They cant tell a local police department to patrol xy and Z.
In Johns friends case that must have been the railroads policy but as long as you are a sworn police officer you have the powers to arrest. If I had someone from the railroad Police drop off someone for me to book and process I would not be happy especially when you have arresting powers. Im not sure what State john is referring to but in NJ that would never happen that way. You apprehended someone you do the booking period…

Its tough to explain. You really have to be in law enforcement to understand it fully. Having your own police department adds more security to your property. The other thing is who takes a security guard serious… criminals sure don’t and most people don’t, the only thing a security guard can do is call the cops. They basically have very little powers. Put a gun and arresting powers on someone and I bet you will get more respect. I see it all the time. Steve you were in the Military, why does the Military have Police?

Your still killing me Steve lol…

Another way to look at it. My township I live in has no local police department. State police covers my town plus 9 other towns. That’s a lot of territory. In some cases if I have a problem at my house it could take State Police over 40 minutes to get to my house. If I had a local police department, the most it would take is 10 minutes. No different with railroads.

Shawn (napkin builder) Viggiano said:

Another way to look at it. My township I live in has no local police department. State police covers my town plus 9 other towns. That’s a lot of territory. In some cases if I have a problem at my house it could take State Police over 40 minutes to get to my house. If I had a local police department, the most it would take is 10 minutes. No different with railroads.

When seconds count, the 911 guys are only 10 minutes away… Hmmmmm.

Steve Featherkile said:

Shawn (napkin builder) Viggiano said:

Another way to look at it. My township I live in has no local police department. State police covers my town plus 9 other towns. That’s a lot of territory. In some cases if I have a problem at my house it could take State Police over 40 minutes to get to my house. If I had a local police department, the most it would take is 10 minutes. No different with railroads.

When seconds count, the 911 guys are only 10 minutes away… Hmmmmm.

The disadvantage to living in a large rural area.

Or… an advantage.

Also, if I’m not mistaken, The larger casinos in Vegas all have their own standing police forces. The New York New York Casino has 150 sworn officers. Seems like a lot until you realise they have around 2000 rooms and a building capacity of 10 to 15 times that. That casino alone can have a bigger population than some cities in the US. I know it has more bars than my town (and that’s a lot!!).

Terry

Shawn, the primary reason that the military has MP’s is to control POW’s, at least that was the original reason. Military discipline is done by Sergeants and Petty Officers. Because of the Posse Comitatus Act, the policing powers of the MPs are severely limited, except under Martial Law. The real policing powers belong to organizations like NCIS, CID, OSI, CGIS, depending on the service. The Coast Guard IS a law enforcement agency. Overseas, MPs handle convoy security, some patrol work, security for senior officials, as well as POW control. They don’t really serve as cops, in the sense that you are thinking.

The Navy has a Master-At Arms, a very old Rating (let me know if you want to know more about Rate and Rating), but they are not cops in the sense that you are thinking, either. They are not armed, they don’t arrest (where is the perp going to go, aboard ship?), their primary function is to handle the disciplinary administrative paperwork for the XO and CO. If the CO decides that the case needs to be handled at a Court Martial, the case is turned over to NCIS, usually.

Very large ships, like aircraft carriers have a brig, but then, they also have JAG officers and NCIS, too.

Ashore, the Master-At-Arms is augmented by the Shore Patrol, average sailors unlucky enough to draw that duty. They too, are not armed, and do not have arrest powers. They are fairly senior Petty Officers, who can be trusted to handle most situations through force of personality (or force of armstrong, if necessary). The one time that I drew Shore Patrol, my “Badge of Authority” was a radio that worked some of the time. It was an interesting evening.

Shawn (napkin builder) Viggiano said:

David Maynard said:

Steve I ask the why myself. The public schools here have their own cops. But when a girl brought a gun to the middle school, I saw local police there to arrest her. I didn’t see a single school cop.

Without making a negative comment about the local police, I guess they have more “important” things to do then enforce the law on railroad property. So I guess that’s the why for the railroads having their own dedicated police. As for who thought this was a good idea? I would bet that person has passed away a very very long time ago.

Dave I would think it was a security guard and not a sworn cop. This is the reason why the school cops were not their. They don’t have arresting powers. I know PA allows security officer some powers like the power to carry and issue tickets but only local ordinance. Some of the gated communities in PA have security guards that can carry and pull cars over but only in the community and they can only issue for rules and regulations that the gated community has. They can not enforce state law . A lot of people think they are cops. This might be the case in your schools. They security witness a crime, they might detain the person and then call the local police. In your case that’s why the local police arrested her. In most cases town police departments will assign a cop to the school. Their duty is to be in the schools during school hours but they don’t work for the school but for that towns Police Department. My local high School has a State Trooper assigned to the school but they also have a security guard who can not carry a gun or arrest. Again a lot of people get confused when it comes to authority etc… its because some states like PA that don’t help.

In a way you are correct Dave. Local police do have more important things to do. Protect its residents. A local police is paid by the town through your taxes. Would you want your local police department to be wasting man power on private property, like the railroad, property you and I can not be on or in some cases near. I would rather see them patrolling our roads, going to the schools etc…

Shawn, you might think, but you would be incorrect. At least I think you would be. If the School police were in fact security guards, then why do they drive police cars? Why do they wear Kevlar vests and carry handcuffs and either guns or tazors (I never looked close enough to know which). Its kind of creapy to go into a school and have someone like that tower over me, and watch every move I make, when I am trying to repair a copier. If he isnt a cop, he sure gives that impression.

But back to the thread. I get what you are saying. And it all makes sense from the railroad’s point of view. But I am still on the side of why? Or maybe more acuratly, how does this work? I see transit police, park police, school police, city police, county police, state police and them weird guys in trenchcoats with radios in their ears. How can all these folks work together, and who decided we needed all these police? It seams there are too many police, especially when I want to get something at Dunkies. :wink:

Each state has its own laws. In California, when it comes to schools, its up to the district on whether or not they wish to comply with all the training regulations and such outlined in the Calif Penal Code, starting at section 830. I have a good friend that is a sworn school cop.

In Calif, the RR police are the only private company sworn police in the state, unless someone can prove me wrong on that one.

I can vouch for both BNSF and UP Police, they are excellent cooperators in Cajon Pass, the busiest railroad pass on the planet…so at least they tell me that.

Steve Featherkile said:

I think that we are talking past each other, here. The question still remains in my mind, “Is it a good idea for a private company to have sworn police officers in their employ?” I still say no. Night Watchmen, Security Guards, yes, Police Officers, no.

Terry Burr says that the only reason that Home Depot doesn’t have sworn LEOs in their employ is because they choose not to have them. That is a chilling thought. What happens when Home Depot decides that it is in their best interest to have them?

Anybody remember the movie “Robocop?”

Speaking from direct experience, I would generally tend to agree with you Steve. However, there are many fine men and women who, through their own states have acquired police powers and have completed state approved training to become certified police officers within that state. The purpose of which is to enable them to effect an arrest. To stop, detain, question and perhaps arrest criminals on behalf od companies that want immediate relief from criminal activities. It is not so much that these men and women are posers or wanna be police officers. It is, however, that the companies that hire such men and women know that if something happens, that employee can effect an arrest right on the spot without having to call in local law enforcement.

David Maynard said:

Shawn (napkin builder) Viggiano said:

David Maynard said:

Steve I ask the why myself. The public schools here have their own cops. But when a girl brought a gun to the middle school, I saw local police there to arrest her. I didn’t see a single school cop.

Without making a negative comment about the local police, I guess they have more “important” things to do then enforce the law on railroad property. So I guess that’s the why for the railroads having their own dedicated police. As for who thought this was a good idea? I would bet that person has passed away a very very long time ago.

Dave I would think it was a security guard and not a sworn cop. This is the reason why the school cops were not their. They don’t have arresting powers. I know PA allows security officer some powers like the power to carry and issue tickets but only local ordinance. Some of the gated communities in PA have security guards that can carry and pull cars over but only in the community and they can only issue for rules and regulations that the gated community has. They can not enforce state law . A lot of people think they are cops. This might be the case in your schools. They security witness a crime, they might detain the person and then call the local police. In your case that’s why the local police arrested her. In most cases town police departments will assign a cop to the school. Their duty is to be in the schools during school hours but they don’t work for the school but for that towns Police Department. My local high School has a State Trooper assigned to the school but they also have a security guard who can not carry a gun or arrest. Again a lot of people get confused when it comes to authority etc… its because some states like PA that don’t help.

In a way you are correct Dave. Local police do have more important things to do. Protect its residents. A local police is paid by the town through your taxes. Would you want your local police department to be wasting man power on private property, like the railroad, property you and I can not be on or in some cases near. I would rather see them patrolling our roads, going to the schools etc…

Shawn, you might think, but you would be incorrect. At least I think you would be. If the School police were in fact security guards, then why do they drive police cars? Why do they wear Kevlar vests and carry handcuffs and either guns or tazors (I never looked close enough to know which). Its kind of creapy to go into a school and have someone like that tower over me, and watch every move I make, when I am trying to repair a copier. If he isnt a cop, he sure gives that impression.

But back to the thread. I get what you are saying. And it all makes sense from the railroad’s point of view. But I am still on the side of why? Or maybe more acuratly, how does this work? I see transit police, park police, school police, city police, county police, state police and them weird guys in trenchcoats with radios in their ears. How can all these folks work together, and who decided we needed all these police? It seams there are too many police, especially when I want to get something at Dunkies. :wink:

I know there is a big push to combine Police departments. The Poconos in PA have done this. Multiple towns become one department. In NJ we have a Bergen County, its a very wealthy county. They have a Sheriffs Department, each town has its own PD plus they have a County Police. To me that seems to be overkill. Who has the ultimate power in each state that’s the Attorney Generals, then each county Prosecutors office, then State police. I know in some states the Sheriffs are the big boys. In NJ they do the courts mostly. It is very confusing especially when each State operates differently. At the end of the day if you went to an academy and took an oath you are a police officer and it doesn’t matter if you work in a school, the railroad, state police, conservation officer, SPCA etc… You all have the same powers.

Steve Featherkile said:

Shawn, the primary reason that the military has MP’s is to control POW’s, at least that was the original reason. Military discipline is done by Sergeants and Petty Officers. Because of the Posse Comitatus Act, the policing powers of the MPs are severely limited, except under Martial Law. The real policing powers belong to organizations like NCIS, CID, OSI, CGIS, depending on the service. The Coast Guard IS a law enforcement agency. Overseas, MPs handle convoy security, some patrol work, security for senior officials, as well as POW control. They don’t really serve as cops, in the sense that you are thinking.

The Navy has a Master-At Arms, a very old Rating (let me know if you want to know more about Rate and Rating), but they are not cops in the sense that you are thinking, either. They are not armed, they don’t arrest (where is the perp going to go, aboard ship?), their primary function is to handle the disciplinary administrative paperwork for the XO and CO. If the CO decides that the case needs to be handled at a Court Martial, the case is turned over to NCIS, usually.

Very large ships, like aircraft carriers have a brig, but then, they also have JAG officers and NCIS, too.

Ashore, the Master-At-Arms is augmented by the Shore Patrol, average sailors unlucky enough to draw that duty. They too, are not armed, and do not have arrest powers. They are fairly senior Petty Officers, who can be trusted to handle most situations through force of personality (or force of armstrong, if necessary). The one time that I drew Shore Patrol, my “Badge of Authority” was a radio that worked some of the time. It was an interesting evening.

Thanks Steve good info to know.

Steve,

Interstate Commerce Clause?

From HJ’s original link on the CN

“In the U.S., each state in which CN operates grants police powers to CN Police Officers. State specific powers are also augmented by Interstate Authority granted by the United States Secretary of Transportation (Code 49USC28101)”

So I would suggest reading Code 49USC28101 to find the answer…

http://www.law.cornell.edu/uscode/text/49/28101

http://www.gpo.gov/fdsys/granule/USCODE-2011-title49/USCODE-2011-title49-subtitleV-partE-chap281-sec28101

In the United States, at least, railroads have almost always been a specialty type of industry with more federal control than other businesses. The primary reason for this is that railroads typically cross many state and local jurisdictions in the same operation.

With regard to law enforcement, then, states generally regulate who can and cannot exercise police powers but if a railroad regularly crosses state jurisdictions during a single operation, enforcing the law could become a jurisidictional nightmare. Thus, a different kind of policing agency is better suited. A Home Depot theoretically could have its own police department but their stores all lie in a single jurisdiction. Buildings generally don’t exist in two states or two cities at one time and the operation of a police department for individual stores would not be economically feasible.

My son is a career Army MP. His assignments have included all of the typical military assignments like guarding the front gate, security for dignitaries, training of foreign military, etc., like Steve said, but they also handle general law enforcement on military bases. My son has handled traffic accidents, suicides, homicides, domestic violence, assaults, drug offenses and all of the usual law enforcement stuff police officers handle. When I visited him on one post in the U.S., he (and other MPs) were the only ones on post that carried a gun. However, when he would issue a traffic citation, the citation would be handled within the military infrastructure with discipline handed out not as a fine but through the appropriate supervisor/commander.

One of the bases he worked at, handling traffic enforcement at the time, did a lot of tank and heavy artillery training. One day he got called to an incident involving an overturned tank. I asked him why he had to go out on that and he said, “It was a traffic accident!”