It sounds to me that the officers were basically jerks and purposefully
made up their own laws.
However, the problem is that anyone of us could still have the same
problems these railfans did...
Cheers!
Jan Kohl
Castle Graphics
www.castlegraphics.com
----------------------------------------------------------------------------
Here is a post forwarded from the IllinoisCentral list. Some may consider
this "off topic" but it may have implications on us all as railfans...
KLD
----- Original Message -----
From: "Paul Burgess" <unitlne@sbcglobal.net>
To: "IlliniRail" <IlliniRail@yahoogroups.com>; "illinoiscentral"
<illinoiscentral@yahoogroups.com>
Sent: Saturday, January 08, 2005 5:22 PM
Subject: [IllinoisCentral] Detained and threatened by METRA police
>
> Today Randy Olson and I were set up on the Morton Grove IL METRA platform
waiting to take a picture of a NB train. As listers will note, one of the
F40C engines was running today and we hoped to "bag" it.
>
> As the NB approached, three Morton Grove police cars appeared. The
officers ordered us from the platform and detained us for approximately
twenty minutes, until METRA officers arrived. Note that we were NOT in the
right of way. We were on the PLATFORM, along with waiting passengers who
were NOT ordered from the platform. During the interval when we were being
held for METRA, the Morton Grove officers searched my vehicle.
>
> The METRA officers then detained us for a further twenty-thirty minutes
while our personal information was transmitted to the Federal Joint
Terrorism Task Force. I questioned the officer as to what was happening and
he said that the JTTF would either allow us to be released, or would order
us detained and transferred into federal custody. He said that if the JTTF
so ordered, our film would be confiscated. Randy and I both asserted our
fourth amendment right to be secure from illegal search and seizure of our
property without due process and our film was NOT confiscated.
>
> After twenty minutes, the voice on the other end of the officer's radio
said it was OK to release us, but that we would both be entered into the
JTTF database. Further, the officer warned us that taking ANY train
picture, as well as ANY picture of bridges, roads, railroads, aircraft, etc
was now ILLEGAL, even from PUBLIC property and that we were liable to arrest
if we were caught doing it again. I asked the offcer to clarify his
statement, to verify that he meant that even if we were on a public sidewalk
or street, that if we took a picture of a train from public property, that
it was illegal. He said yes.
>
> Welcome to 2005, y'all.
>
> Obviously this incident shows how completely out of control law
enforcement has become in regards to supposed national security.
>
> My intention is to contact the ACLU and ask them to ask METRA to clarify
their position. I can only believe that these officers or their superiors
have grossly misinterpreted the law, since what happened was a clear
violation of our First Amendment rights. We were in a public thoroughfare,
surrounded by other citizens who were NOT asked to leave or threatened with
seizure of their personal property. Never mind the additional statement
that taking pictures from the public sidewalk would also mean arrest and
federal detention. If necessary, if METRA or any other agency really
believes that they can behave in this manner, then my intention is to
deliberately provoke arrest by METRA or another agency by taking train
pictures from public property. Then it's off to court.
>
> So be warned. Things are not what they used to be.
>
> Paul Burgess
> Homewood IL
[Non-text portions of this message have been removed]
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--
* »»/ Jan Kohl/ ««*
*::: computer security consultant :::*
the pits - http://www.theuspits.com
castle graphics - http://www.castlegraphics.com
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