Amtrak photo contestant arrested by Amtrak police
 

Amtrak police still harass people that participate in its own contests.

From the blurb on Slashdot:

"Photographer Duane Kerzic was standing on the public platform in New York's Penn Station, taking pictures of trains in hopes of winning the annual photo contest that Amtrak had been running since 2003. Amtrak police arrested him for refusing to delete the photos when asked, though they later charged him with trespassing. "Obviously, there is a lack of communication between Amtrak's marketing department, which promotes the annual contest, called Picture Our Trains, and its police department, which has a history of harassing photographers for photographing these same trains. Not much different than the JetBlue incident from earlier this year where JetBlue flight attendants had a woman arrested for refusing to delete a video she filmed in flight while the JetBlue marketing department hosted a contest encouraging passengers to take photos in flight." Kerzic's blog has an account of the arrest on Dec. 21 and the aftermath."

Photographers blog is here.

Looks like he's pressing charges against certain Amtrak police for harassment and unnecessary injuries pursuant to an arrest.

I hope he sues these clowns too. :td:

Private companies can arrest people in the land of the free? :eek::eek::eek:

Amtrak's heavily subsidized by the government, so I wouldn't necessarily call them private.

That said, I'm not sure where they derive legal authority to have police. I'm sure someone more knowledgeable on here would have that answer.

They are sworn LEO's on [permanent] Amtrak detail. There are many similar agencies around the country-- usually in major cities in conjunction with mass transit.

Ok that make sense - thanks.

They're still bloody idiots, though!

Is Penn Station private or public property?

We only have one side of the story, but it sounds like some (albeit minimal) excessive force was used.

As far as arresting someone for tresspass for taking photos . . . I don't know exactly how that works.

IIRC, they are only allowed on the railroad right-of-way, ie tracks and switch yards, etc.


Either way, another disgusting, un-American, think of 9/11 hindrance of civil rights. Sad.:(

They don't have any strict limitation like that.

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

I meant in NY.

This is a good summary.

You sure? How is possibility why he gotten arrested as criminal trespassing? He is not supposed not allows to take photos of the trains. When they has been signed into laws? Is that 1990? I knows the laws does not exist. They don't have powers arresting those people. I think he wants to get sued against the Amtrak? So he will wins the rights where he will take best photo opportunity at the platform.

I think its more reasonable against the man want to being dropped the charges as trespassing but, now he will spent for 30 days in the county jails. I think he will face fined as the charges of the trespassing. I'll guaranteeing where he will go to court to have discussions with his lawyer.

Well, Amtrak seems to be pretty notorious for harassing people with cameras. Wouldn't surprise me if some laws are made up on the spot. I think it'd hard to prove trespass if doing nothing illegal, especially if the person has purchased a ticket.

As far as the fear of trains coming off the rails, Amtrak has a bad enough record with that that I don't think the terrorists even need to intervene. :D

Ah, it just free range trains!:D

I heartily second the :D !