Everyone here knows, every class-1 and nearly all (that I’m aware of) regional railroads have their own police forces sporting nearly every resource that your typical municipal police department has (marked “POLICE” vehicles, guns, handcuffs, etc.) I’d like to know what governing body gives law enforcement powers to a private company and why? I’d also like to know if their law enforcement obligations/duties extend beyond the right-of-way lines of their respective employer?
I certainly understand a company employing “security” forces to minimize theft, vandalism and trespassing and to provide general public safety on private property, but when there’s serious trouble involving possible felony activity, don’t the local authorities wish to handle it? Is it a federal thing that local cops don’t have jurisdiction on railroads and federal cops are usually nowhere around? Are railroad cops federal law enforcement officers in the general sense?
Note that the States generally have statutes dealing with various aspects of railroad police qualification and jurisdiction. FRA regulations also deal with Railroad police.
In the United States, Railroad Police or Special Agents, are certified by the states. They are charged with the protection of Company property, employees, and cargo. Because of the multitude of jurisdictions through which railroads operate, RR Special Agents are empowered to act anywhere the railroad runs.
As for Local LEOs, they are (at least in my experience) apathic at best and downright hostle at worst toward issues of railroad security.
All I know is what the ICG Chief of Police told me.
A railroad officer has the same powers as a county deputy in any county the railroad operates in. These powers are granted by the state government which has the “plenary” powers of government. A railroad cop can carry a gun and arrest someone for the same reason that a county deputy or a city cop can. That reason is that the state legislature says they can.
It’s not unique to railroads. The New York State Legislature has granted full police powers to the A.S.P.C.A. and that organization has armed officers with full police powers operating in New York City.
“Why” you ask. Well it’s pretty obvious.
The answer is focus.
A county deputy is going to be patrolling a highway, not a railroad. The railroad is private property and a property owner needs to provide for the security of that property (as in lockin
I have seen, on more than one occasion, UP Special Agents activating their emergenct lights at the scene of two different accidents in Ft Worth. Did they need to? No. But they did, and helped out until Fort Worth PD was able to arrive, and they had the authorization granted to them by TCLOSE.
Here in Dallas, Dallas PD, Dallas County Constables Office, Dallas County Sheriffs Office, and DART PD all have a fairly good working relationship with the various UP SAs. I’ve never seen them working with any BNSF SAs, but BNSF doesnt have any yards in Dallas, nor does it have a huge presence.
(a) Railroad police officer means a peace officer who is commissioned in his or her state of legal residence or state of primary employment and employed by a railroad to enforce state laws for the protection of railroad property, personnel, passengers, and/or cargo.
(b) Commissioned means that a state official has certified or otherwise designated a railroad employee as qualified under the licensing requirements of that state to act as a railroad police officer in that state.
(c) Property means rights-of-way, easements, appurtenant property, equipment, cargo, facilities, and buildings and other structures owned, leased, operated, maintained, or transported by a railroad.
Let me add this little bit about the DART PD. Since Dart operates HOV lanes, a commuter line, light rail lines, and buses. So basically Dart PD has authority over everywhere our services are. If someone is speeding in the HOV lanes DART can give them a speeding.
As far as the DART PD helping with the BNSF, I have never seen them, but I am sure that if BNSF requested there assistance then DART would step up and help out.
If everyone could just get along and not trespass against private property, then there would be no need for any special agents, or railroad police, or transit police.
But this is not a perfect world.
BTW I know the DART police have the same training as Sheriifs officers.
As stated, railroad police can assist the local police if needed. For instance, if a call was to go over the radio, ‘officer down’, and a local railroad police in the area, he would respond. Wasn’t there an incident in the Chicago area several years ago in which a NS policement was involved in a shootout by answering a call?
Not so long ago a railroad police dog was killed by an individual trying to rip off a freight train. I believe it was an NS train up in the Northeast.
Police officers with arrest powers are generally required to complete a police academy, and be certified under State requirements. Some states consider police officers so certified to have law enforcement authority across the entire state- Arizona is one such example.
By the way, there is such a thing as a Federal Police Force. The best example is the FBI, which has juristiction across the USA. There is also the US Marshal’s Service, the Secret Service, the DEA, the Treasury Department, and a variety of other law enforcement agencies too numerous to mention. Each member of those agencies has arrest powers anywhere in the USA.
There is no “Federal Police Force” along the lines of a state or municipality’s police force.
The FBI only has jurisdiction in matters that cross state lines, or at the invitation of the local LEOs, same with the US Marshals. The other agencies only have authority in limited areas: the DEA in illicit drugs; the Secret Service in counterfeiting and protecting the President; Treasury in revenue issues; Postal Inspectors with crime involving the mail; ICE with immigration and customs; etc.
Basically the same thing the other person was saying. If you have someone cross the state line, then the FBI has urisdication. Even if the conivcted person does not cross the state line, if it is a federal crime and higher up people decided the FBI is needed to get the person, then the FBI has jurisdiction. So in all instances there is a Federal Police Force. They may all cover there own dept, but ever dept is basically covering the whole USA. As you stated your self Postal INSP is for the mail. Where in the USA is there not a mail box. ICE is at every port of entry including railroads point of entry. Secret Service is not only for the president. Granted there main job is to protect the president, but they have many other jobs also. DEA is for drugs, but what city in the US does not have drugs. Even your smalls towns probably have drugs.
Oy, I stated there is no Federal Police Force along the lines of a state police force. The Federal government was very careful to leave most law enforcement in the hands of local law (murder, theft, ect).
The other federal agencies have no authority to arrest you for something outside their areas of legal responsibility. A DEA, Postal, ICE or other Federal agent can’t arrest you for shoplifting, wife-beating, running a red light, being drunken disorderly, or a host any other offences, that LEOs can.
Oddly, I work almost every day with people whose shoulder patch reads “Federal Police.” They are the main law enforcement presence at the installation at which I work…
A friend of mine worked as a RR cop and the last I knew, from back in the 80’s and 90’s. He only had authority for arrest on RR property, unless it involved a crime on the RR, then he could do it anywhere. At the same time, he could detain you outside for a civil crime, until civil authorities arrived off RR property. He could also assist local law outside if ask for it.
Remember, this was all before 9-11, don’t know bout today, since he was forced into retirement for pushing his authority to far in 96
But, any of them can perform a citizen’s arrest with the assistance of LEO, right? Shoplifting in front of a Postal Police Officer will still get you arrested. (There was an assassination of a controversial religious leader in NYC about a decade ago, and the US Postal Police arrested the suspect.)
All I know is what the ICG Chief of Police told me.
A railroad officer has the same powers as a county deputy in any county the railroad operates in. These powers are granted by the state government which has the “plenary” powers of government. A railroad cop can carry a gun and arrest someone for the same reason that a county deputy or a city cop can. That reason is that the state legislature says they can.
It’s not unique to railroads. The New York State Legislature has granted full police powers to the A.S.P.C.A. and that organization has armed officers with full police powers operating in New York City.
“Why” you ask. Well it’s pretty obvious.
The answer is focus.
A county deputy is going to be patrolling a highway, not a railroad. The railroad is private property and a property owner needs to provide for the security of th
There is a litnay of federal offenses that can occur entirely within state lines. The propriety of some of these offenses is a very hot area of law as far as U.S. Supreme Court jurisdiction is concerned.
Instances of FBI intrastate jurisdiction have included: arresting a kid for bringing a gun to school, simple arson, drug trafficing, rading strip clubs, prostitution, any crime remotely facilitated by use of the mail, and in-state gang-related crimes. The list goes on.
The distinction between federal and state authority has become very blurred in the last 20 years. This is one of the core concerns for libertarians.
If I am a railroad, I limit my officers to railroad property at all times. Even if they have jurisdiction 1000 miles away for non-rail related activity, the thought of liability deriving from such acts would be enough for me to say, it ain’t worth it.
I understand that at one time railroads needed their own arm of law enforcement because law officers were scarce and rarely ventured very far from town. Railroads spanned the vast distances between those towns. Laws were put in place to give the railroads authority to engage, arrest and detain suspects of crimes against the railroad. Persons in high-ranking government positions created these laws. These laws have been on the books for over a century and haven’t been ammended or abandoned since. They are laws whose time has come.
Law enforcement as we know it is funded by taxpayer’s dollars, not from a private company’s operating budget. Private companies hire either armed or unarmed “security” officers who patrol, witness offences, engage and detain suspects (if permissible by state law) and call the “POLICE” to make the arrest, investigate the crime and gather evidence for the prosecutor.
If a Railroad cop is down the street busting a guy because he noticed him smoking a joint while walking down the sidewalk or stopping someone who ran a stop sign while on his way to his next grade crossing, who’s watching the railroad?
Railroads should have the authority to police themselves. Railroad cops can keep their “POLICE” status as far as I’m concerned, but, if I’m paying them a policeman’s salary, they’d better be watching my railroad at all times while on duty, PERIOD! If they’re enforcing local ordinances and traffic laws because it’s within their authority, then what am I paying them for? Policing railroads, airports, seaports and highways should be an arm of city, county or state law enforcement. That way they can enforce any law and be respected for it.
Local (municipal or county) law enforcement departments have specialty divisions within themselves. They have the same ability to p