My New Friend at Hill 582

[Holloran Grade]

Originally Posted by 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).

Detaining people illegally (without probable cause) under color of authority (whether in uniform or displaying some indicia of authority be it a badge, a gun, an id, or merely stating that you are a peace officer) has always been illegal.

(Course for color of authority violations, you really do need to be a peace officer. Fakes would be considered "impersonating" an officer.)

That is what the Fourth Amendment is all about, you know - from 1789.

The issue with "me," has nothing to do with him being up the pole. That is BNSF's problem and I have no standing to do anything about that since it is not my private property.

What "I" have a problem with is this person's actions subsequent to that.

Had he not approached my car in the manner he did, had he not pursued me down a wet rutted dirt road with a low clearance sedan (cause it was obvious to me at the time I was being pursued) and had he not used the badge in the manner he did, then the pictures might have ended up on the "Dumb Ass of the Day" page and that is about it.

Originally Posted by LRVTO

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.

Having worked for an enforcement agency during the start of my work experience, and still having many current friends who are active peace officers, the assertion that the guy didn't know it was illegal to be up on the tower is a bit insulting to the intelligence of peace officers in general.

These people are trained about such things and part of that training it to ask, and/or inquire if you are unsure about something.

Additionally, it is assumed that your a peace officer 24/7, so there is no argument that you didn't know it was illegal just because it was your day off.

Also, if you are a non-federal peace officer in CA you need to be POST certified. (The basic training.)

Consequently, the assertion that he didn't know because he was new and/or from out of state doesn't pan out. (Further, he is local, remember, he showed me his badge?)

Bottom line, everybody who has seen these pictures railfan or not has made the remark that "dang, that ain't right."

Then when I tell them the "whole" story they really say "that ain't right."

[LRVTO]

I think he painted the graffiti on the signal shade also. Get a rope.
I guess my approval rating just went into the toilet eh? Oh, we don't have that anymore. Thank goodness. I go back to my corner now.

Just remember there are RR sites like this where railfans are crucified unmercifully for their actions and probably LE sites as well. I guess we can do the same.

[Holloran Grade]

Originally Posted by LRVTO

....[portion omitted].... I guess my approval rating just went into the toilet eh? Oh, we don't have that anymore. Thank goodness. I go back to my corner now.

Not any worse than when you started.

People are allowed to have a divergent opinion.

[webercanyon]

Originally Posted by LRVTO

I think he painted the graffiti on the signal shade also. Get a rope.
I guess my approval rating just went into the toilet eh? Oh, we don't have that anymore. Thank goodness. I go back to my corner now.

Just remember there are RR sites like this where railfans are crucified unmercifully for their actions and probably LE sites as well. I guess we can do the same.

Instead of talking about it, why not go to the lumber yard, buy the wood, and build a cross. You'll be a winner both ways, you'll have a cross to nail yourself on, and I'm sure someone will take pity on you.
Everyone gets hammered sometimes when they post, get over it.

[Holloran Grade]

Originally Posted by webercanyon

Instead of talking about it, why not go to the lumber yard, buy the wood, and build a cross. You'll be a winner both ways, you'll have a cross to nail yourself on, and I'm sure someone will take pity on you. Everyone gets hammered sometimes when they post, get over it.

LOL

Can't you go green and build it out of old forklift pallets and cardboard from behind Home Depot?

[EngineCo16]

Originally Posted by Holloran Grade

then the pictures might have ended up on the "Dumb Ass of the Day" page and that is about it.

Hey someone remembers that thread!

[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.

[LRVTO]

I'm sorry I didn't think I had been hammered as you so eloquently put it Mr Webercanyon. Mr Groundhog didn't see fit to hammer me when he posted the shirt reference and even included a smiley knowing full well I was wrong about the shirt and he could have pulled the trigger on that one. Mr HG didn't seem fit to hammer me when he decided that I was allowed to have a differing opinion and we agree to disagree. Lots of smileys and LOL's going around in the last few posts. How could a statement like "I'm going back to my corner" seem like I was feeling persecuted. It could also be taken as a tacit admission to being somewhat wrong about my original feelings on the HG incident. But, it was obviously lost on you. Unbunch the panties and join in the fun it is after all only a hobby.

[webercanyon]

Originally Posted by LRVTO

Unbunch the panties and join in the fun it is after all only a hobby.

I thought I had!

[Nscalemike]

Ok gang let's be civlized...or make a decent attempt at it.