FlyerTalk Forums - View Single Post - Amtrak photo contestant arrested by Amtrak police

Jan 4, 2009, 4:56 pm

#10

lobster7

Join Date: Dec 2007

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Jurisdiction and authority

Railroad police officers are certified law enforcement officers and carry full police and arrest powers. 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.

http://en.wikipedia.org/wiki/Railroa..._and_authority

http://en.wikipedia.org/wiki/Union_P...ion_and_duties

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