My New Friend at Hill 582

[GroundHog]

HG, make some room in your inbox.

[Holloran Grade]

This person did not demand my memory stick.

After he pursued my vehicle for over 3/4 mile down wet rutted roads from the top of the hill to the crossing at the lower track.

Him driving a two wheel Honda sedan and I driving a high clearance 4x4. (Must have been quite a ride for the women in the back)

Upon me stopping, he pulled along side and while still holding his badge up, he stated he wanted to know if I took pictures out there often - to which I replied "I don't want to talk to you."

I drove on, and he continued following at a much greater distance than before. At the junction of Hwy 138 and I-15 I went down the hill and he continued on up 138.

[Holloran Grade]

Originally Posted by GroundHog

HG, make some room in your inbox.

Done

[SP8013]

I hope that someone would call this person in, he kinda looks a person that I encountered in North Texas a few months back.

SP8013

[LRVTO]

Originally Posted by Holloran Grade

This person did not demand my memory stick.

After he pursued my vehicle for over 3/4 mile down wet rutted roads from the top of the hill to the crossing at the lower track.

So it could have been a guy that wanted railfan information about the area and thought you might be able to help him seeing as how you were in the same area and had a camera. So he shows you a badge so you might feel more at ease with his "pursuit" and you tell him you don't want to talk to him and drive off. Obviously you were put off with his perch on the signal bridge, as you should be, but perhaps he really didn't know that you shouldn't do that regardless of his employment. Most cops have no training on RR laws so it is not beyond the realm of possibility that he though he had found the mother load of all photo spots. Besides, a 3/4 mile pursuit is not what I would term a pursuit.

For some reason, I am lost here. Where did I miss what this is all about. He didn't ask for anything from you, not your camera, not your memory stick, not your ID, only "do you take pictures here often" and in order to do that he followed (not pursued) you to a point where "you" stopped of your own volition.

Him driving a two wheel Honda sedan and I driving a high clearance 4x4. (Must have been quite a ride for the women in the back)

And the point of that is?

Upon me stopping, he pulled along side and while still holding his badge up, he stated he wanted to know if I took pictures out there often - to which I replied "I don't want to talk to you."

Seems like a reasonable request from a person interested in railfanning the area. I've asked many a person the exact same question on some of my trips

I drove on, and he continued following at a much greater distance than before. At the junction of Hwy 138 and I-15 I went down the hill and he continued on up 138.

All of which indicates he was no threat to you which leads me to believe this one is "Busted" according to Myth Busters standards. Unless of course you are withholding more pertinent facts.

[woody_k]

LRVTO,

There is no need to show the badge "just to talk with someone" as you put it. Doing what he did is under color of authority and ILLEGAL!!!! You just can't use your badge to find railfanning info.

As for legal training on RR....no-one need training to know climbing a tower is tresspassing and a cop should have known what tresspassing is. However given todays young cops I can see your point...and that has nothing to do with training, it has to do with attitude.

There are bad apples in every crowd but this guy is dangerouse and reckless about his safety and those under his control.

[randy]

Originally Posted by woody_k

LRVTO,There are bad apples in every crowd but this guy is dangerouse and reckless about his safety and those under his control.

This bozo could give a newbie the idea that climbing towers is ok and give LEOs the idea that we're all stupid. He needs to be slapped down...for his own good, of course.

[webercanyon]

He may be new to railfanning, but I would think a cop would be smarter than this guy. I wouldn't have stopped, called the San Berdoo Sheriff on my cell. When all is said and done your photo's show what a nut job this guy is. I can buy a pretty good police badge from Gall's mailorder. I won't stop for a guy with just a badge. He's gonna need red/blue lights. Cajon has really attracted some nut jobs in the last few years.

[LRVTO]

Sorry, I though color of authority was something different like it says in PC sec. 149. I won't argue the issue any longer as most minds seem made up already. He was a jerk for being up there on the tower alright. (Guilty) From there it gets a little cloudy and we have just one side of the story. (Sorry HG there are two sides to every one). I'm wondering with a T shirt that has something about New York on it if he might be a new BP agent here from the other border and used to climbing towers to look for illegals. I guess we'll never know. I guess I'm in the minority on this one.

[woody_k]

P.C. 149 is the Rodney King law.

149. Every public officer who, under color of authority, without
lawful necessity, assaults or beats any person, is punishable by a
fine not exceeding ten thousand dollars ($10,000), or by imprisonment
in the state prison, or in a county jail not exceeding one year, or
by both such fine and imprisonment

This section doesn't define "under color of authority" it defnes whoopin' a$$ while under the color of authority.

Everything an Officer does is considered "under color of authority" when, as in this case, he uses his badge to stop a person for...what? Taking photos?

When I stop a person for running a red light...that's also under color of authority but I have probable cause. Stopping a female to get their number is under color of authority and an illegal stop. Now If I were off duty and the girl didn't know I was a cop and I don't flash a badge...no harm no foul.