And that's fair enough, Dan. However, these officers were saying that
if you were standing across the street and caught the train in your
photo, you could be had up for it. That's an over-the-top
interpretation of the law...
Cheers!
* »»/ Jan Kohl/ ««*
*::: computer security consultant :::*
the pits - http://www.theuspits.com
castle graphics - http://www.castlegraphics.com
Dan wrote:
>Just to clarify one point, the platforms at Metra/Amtrak stations are public
>property but with limited access for passengers only. Before 2001 Metra
>officers would ask people to leave that were not waiting for a train. The same
>can be said of O'hare and Midway Terminals both are run by the City.
>
>Dan
>Support Our Troops
>God Bless America
> Date: Sat, 08 Jan 2005 20:52:15 -0500
> From: Jan Kohl <kohlj@bellsouth.net>
> Subject: [Fwd: [StLouisRailfans] Fw: [IllinoisCentral] Detained and
> threatened by METRA police]
>
> 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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