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Home · Articles · News · Rogue of the Week · Union Pacific Railroad Police
August 30th, 2006 Jacques Van Lunen | Rogue of the Week
 

Union Pacific Railroad Police

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Company cops with badges slapping a hefty ticket on a working man? Rogue, thy name is the Union Pacific Railroad Police.

According to records in Multnomah County Circuit Court, Union Pacific railroad officer P.T. Bender stopped 54-year-old Harry Wise from carrying his bicycle across the Brooklyn rail yard in Southeast Portland on June 19. Ignoring Wise's protest that the signs around the yard were illegible, Bender handed the warehouse laborer a citation for trespassing, according to the police report.

When Wise showed up at court on Aug. 4—without a lawyer—he found himself on the docket for first-degree criminal trespass, a class A misdemeanor punishable by up to one year in jail and a fine of $6,250.

If Wise had picked any other property for his shortcut that day, the charge would have been second-degree trespass, the equivalent of a speeding ticket, says Barry Engle, a Portland criminal defense lawyer who is not involved in the case.

But railroads enjoy special legal privileges dating back to the 19th century. For one, railroad companies are authorized to hire their own police officers. And trespassing on any yard, bridge, line or tunnel belonging to the railroads is automatically considered first-degree criminal trespass, Engle says.

Neither law enforcement nor transportation agencies at the state level have jurisdiction over UP cops, and the company is notoriously tight-lipped about internal matters. Joe Arbona, spokesman for Union Pacific, says the company has "zero tolerance for trespassing," but would not disclose how often its officers cite trespassers. Court records show 142 people were cited for criminal trespass by Union Pacific cops last year, a marked increase from the 38 tickets handed out in 2000. (Wise, for his part, declined to talk to WW.)

Trespassing is a crime, but it seems unjust (not to mention Roguish) for a company to enforce a rule aimed at saboteurs and terrorists on a man who cut across the tracks because he was running late for work. The case is pending trial.

 
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08.30.2006 at 09:17 Reply
If Bender had been killed by a train what would you than have been saying about the nasty railroad?

The fine might be exorbitant, but you have failed to point out that Bender was being bloody stupid - at least he'll have second thoughts before he does it again and some poor UP employee may have been saved from a lifetime of nightmares from recalling a really nasty incident.

It a railroad, not a public pathway.

Tony Bailey

 

08.30.2006 at 10:47 Reply
I am a cop in Oregon. UP has been sending us notices asking (strongly) that we stop any people seen on railroad tracks or rights-of-way, search and arrest them. That notice more or less acts as a pre-submitted complaint from them as a private entity, effectively filing a police report for trespass before it occurs.

Some of us (the less civil-rights minded) take this as a boon, as drifters, homeless and other marginalized people often walk on or near the tracks. Those rights-of-way are HUGE, and it is easy to unintentionally walk on them.

It is automatic probable cause for us to search and arrest people. We can simply wait until a person crosses a street that has tracks laid upon it or takes a step near enough to the tracks. Then it is a green light to go through their bags and pockets, legally-ish. It is also a legal way to harass people. We can "choose" to not confront, say, white people, and confront every hispanic person we see on the property, and that is totally legal.

Not all of us do this. The rest of us actually do our jobs rather than just pick on people. If a person really is doing something wrong, they will screw up and give us real PC to search them soon enough. There is no need to stretch the law on the orders of some private group that answers to no civil authority. There are a few of us who are still the good guys out there, I promise.

 

08.30.2006 at 10:59 Reply
While the RR cop might have been a jerk, I doubt this would have happened if he chose to cross the tracks elsewhere. The railyards themselves are very dangerous to pedestrians/civilians, due to the erratic movements of the trains.

 

08.30.2006 at 01:41 Reply
Good afternoon: I livce in Seatac, Washington,

and I'm a rail enthusiast who does things entirely different. If I'm going to be on public property which is close to a Railroad's

Main Line, before I even consider going to that

location I will contact said railroad's police

department and ask for permission, usually

a liability release. This way I am protected,

as well as the railroad. I would be unable to sue for any injries, I may incur and the railroad doesn't have to worry about me causing

any trouble. This is the way, I have always

done things, and yes, it does work. I'm also

planning to join Washington State Operation

Lifesaver shoetly. I will be putting on

rairoad safety presentations at homes, businesses, and schools. Last year and this

year, there have been numerous traffic/railroad

fatalities, plus pedestrians/and/tresspassers also being struck and killed by trains.

Special Agent Bender unfortunately, is within his rights to arrest anyone tresspassing. I know a few UP and BNSF Special Agents back in Texas, and like in Oregon, they have never

steered me wrong. I get a lot of pistive input from them before I venture out. Remember the

most important factor that railroad employees

have to be aware of...SAFETY FIRST. I always

follow that rule and other railroad oriented

rules when I'm out train watching, including not bothering railroad employees, because they

have duties to perform. I'm a CORPORATE-

MINDED Rail Enthusiast. Please understand

what I'm saying...I do heartily support and

respect railroad special agents and their duties.

Thank You,

Michael Gitlin

 

08.30.2006 at 02:51 Reply
Just one bit of information missing from this story: How many trespassers were seriously injured killed by locomotives? I hear about it all the time from the tracks in Salem and possibly one recently at the Toothrock Tunnel in the Columbia Gorge. It is wasted time on the incident investigation, costing money to the company, and delaying freight to the consumers, all for a stupid jackass. The same goes for the TriMet MAX too.

 

 
 

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