Western Railroad Discussion > Railroad Police

What authority do railroad cops have? Can they give tickets? Make an arrest? Detain people or lecture them. Are they peace officers legally (State or Federal)?
Just wondering since they are mentioned so much on this website.

Rick

they can do it all

Here's the low down for Arizona. Each state has their own commission:

40-856. Railroad police; powers; qualifications; liability of company

A. Any railroad company may appoint one or more persons to be designated by such railroad company as railroad police to aid and supplement the law enforcement agencies of this state in the protection of railroad property and the protection of the persons and property of railroad passengers and employees. While engaged in the conduct of his employment, each railroad policeman so appointed shall possess and exercise all law enforcement powers of peace officers in this state.

B. Any person appointed by a railroad company to act as a railroad policeman under the provision of subsection A of this section shall first have the minimum qualifications established for peace officers and police officers pursuant to section 41-1822. The railroad company shall file the name of each such railroad policeman, on the date of his appointment, with the director of the department of public safety. If the proposed railroad policeman meets the minimum qualifications established under section 41-1822, the director of the department of public safety shall issue him a certificate of authority to act as a peace officer and may thereafter revoke such certificate for good cause shown.

C. Each railroad company appointing any railroad police shall be liable for any and all acts of such railroad police within the scope of their employment. Neither the state nor any political subdivision shall be liable for any act or failure to act by any such railroad policeman.

Railroad police are sworn peace officers, usually trained at the police academy for the municipality or state in which they are hired. I knew at least one in Toledo who carried a ticket book for motor vehicle infractions, though I suspect most of the tickets he issued were for grade-crossing violations. Most of their workload around here, though, is theft prevention and apprehension.

In talking with them, they are usually deputized by local authorities, county or city. They do have authority to make legal arrests.

Here's the federal jurisdiction which allows railroad police to cross state lines:

Sec. 28101. Rail police officers

Under regulations prescribed by the Secretary of Transportation, a
rail police officer who is employed by a rail carrier and certified or
commissioned as a police officer under the laws of a State may enforce
the laws of any jurisdiction in which the rail carrier owns property, to
the extent of the authority of a police officer certified or
commissioned under the laws of that jurisdiction, to protect--
(1) employees, passengers, or patrons of the rail carrier;
(2) property, equipment, and facilities owned, leased, operated,
or maintained by the rail carrier;
(3) property moving in interstate or foreign commerce in the
possession of the rail carrier; and
(4) personnel, equipment, and material moving by rail that are
vital to the national defense.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 939, Sec. 26101;
renumbered Sec. 28101, Pub. L. 103-440, title I, Sec. 103(a)(1), Nov. 2,
1994, 108 Stat. 4616.)


The words ``to the extent of the authority of a police officer
certified or commissioned under the laws of that jurisdiction'' are
placed before clause (1) rather than at the end of clause (4), as in the
source provision, to reflect the probable intent of Congress.

Info on California:


Railroad police are sworn California Peace
Officers, subject to stringent selection,
retention and training standards monitored closely
by the California Commission on Peace Officers
Standards and Training.

In California, railroad police are commissioned by
the Governor and have full peace officer
authority, as defined in Penal Code section 830.33
and Public Utilities Code section 8226. Railroad
police also have interstate authority to conduct
investigations and police the railroad as defined
in federal statutes. (49USC28101, Part E, Chapter
281)


TB

I am going to say about 10 years ago a basket case screw-ball killer was on the loose. He came out of Mexico (had a family there "normal joe") but he hopped the trains and came in U.S.A. down south and he would kill someone (most lived close to the railroad tracks) and then he would go back home to be "normal joe". Over and over he did this. Long story short - he was caught by the S.P. police in Roseville!They are not just chasing you away.

CSX is the only one I've ever seen use a cop, and it happened a few times. I'm only 14, and my brother is younger, so whenever a cop pulls up to ceck us out, he'll give a freindly "hello" to me and my father, and he'll give my brother a pin or a coloring book or something like that.

In Canada,all RR (at least CN &CP) Officers are Federal,meaning they
are also considered special RCMP Constables.
So they could actually chase you from Coast to Coast.

They have all authority a cop has in what ever state the railroad runs through.

No, they can't chase you for running a stop sign at Safeway, but they carry and will cuff you, haul your butt to jail and book you just like any other law enforcement officer.

The law is still on the books that if you derail a train on purpose, you are subject to the death penalty.

Nudge

What do these railroad police do to stop employee thefts?

They arrest anyone seen stealing an employee and carting them off against their will!

SOB

SOB Wrote:
-------------------------------------------------------
> They arrest anyone seen stealing an employee and
> carting them off against their will!

heh, thanks...I needed a good laugh :)

These guys are federallty sworn officers. Ive run into a few and thats what i found out form them. CSX cops ive never run into but NS i have 4 times. All 4 times have been positive.
railfan1 out

What everybody else said. I might add.

Funny, just to funny. Another thread gone wild. Did I read this right? The question was; What would happen if someone stole a railroad employee? Me thinks that comes under the heading of abduction. I like the answer. Lol'd out loud.

Rick and all tuned in: Most (not all) Railroad Police are moonlighting (sometimes literally) when off duty from their Highway Patrol, Sheriff, and/or local Police Department, primary employment.

What empowerments they have as Railroad Police are backed up by their primary employer. As the rules of engagement are the same.

Mess with these guys and you are messing with the law. Perhaps not a good idea to get to huffy with them. Treat them with respect and follow through with what they request and you might make a friend.


RickH

in oakland the old sp/up police have some of the busyiest territory . we had buches of local neighborhood thiefs and foreign (south of the border} transit that hit almost every night sometimes both in east oakland and west oakland usually refeers . the bulls had a lot of incidents and handeled them very professional different crews reported back what they saw in the shanties and passed the stories one we saw was real interesting some person broke into meat refeers in west oakland at midnight . if fact the trains would get hit within an hour of arriving becuse the crew going on duty would have to call for help ,besides dropping dozen of heavy packages on the ground in different tracks which people would trip over,he hauled a stack up by the new freeway and went and got his car at daylight to load em up well our up bulls saw it pulled up behind him and nailed him a number of crew saw it they had just gotten off midnight duty and were headed home and passed it on the freeway as far as railroademployees having trouble i cant, remember any that got busted for stealing from rail cars. lots of things get thrown away in the trash becuse their isn,t facilities for storing some things espicialy food or broken pacakages sometime managers ok it just to clean up mess that sometimes happen when crooks come on property. our bulls earn their pay they have more trouble with the truckers and auto traffic

Moonlighting?

No.

All the railroad police I have met, both professionally and as a railfan are full-time sworn police officers employed by the railroad. Most are "refugees" from various federal, state and local agencies. One veteran SP cop told me the railroad police jobs were the "best-kept secret in law enforcement."

Maybe some of the private security guards utilized around yards and terminals are moonlighting cops, but not the actual railroad police. No way.

Additionally, during times of great public emergency, I have seen uniformed railroad police patrolling as city police officers, as part of a mutual aid agreement with various local jurisdictions. I've seen this twice in the wake of big brush fires in several California cities, where neighboring departments sent uniformed officers to assist with patrol duties (read anti-looting). Last time I saw this, it was San Bernardino, Calif., and ATSF officers, uniformed and working in pairs, were patrolling a fire-raveged neighborhood helping the city police department (along with others from neghboring jurisdictions).

I also coverd a big sting operation in California's desert years ago where cops set up a fake pawn shop to buy stolen goods. All the "buyers" working the front desk were ATSF police imported from as far away as Kansas, because the local cops figured the bad guys knew too man of the locals (even the undercover guys) by face.

If I'm ever on a jury, and the defendant was apprehended by a railroad "bull", for a non railroad related offence, Id vote for acquital.

Something spooky and unamerican about corporate police having arrest powers off of the railroad property

Amtrak PD have federal authority, they can and will pull you over on the streets if you drive stupid or committ any other traffic infractions. In addition to their regular policing duties along the RR.