Railfan Arrested

[N_Jay]

Oh god, not this stupid argument again.

I better buy a set of lock picks just in case I come across a burning house with a locked door, unbreakable windows and a child holding a kitten inside. :roll: :roll: :roll:

 

[burner50]

Besides, how is a 2-meter repeater or cell phone going to allow you to contact a train crew only a couple of miles from a washout

Kate Shelley - Wikipedia, the free encyclopedia


This is the way to go... Forget the radio

 

[crayon]

Since we're OT:

Casey Jones - Wikipedia, the free encyclopedia

 

[iMONITOR]

I am a HAM operator and when there is an emergency you use what ever communication is necessary to get help.

What does being a HAM operator have to do with it? John Doe can use what ever means of communications is necessary if it's a true emergency.

 

[knightrider]

One point that has been over looked, this is a commercial means of transport. It is highly governed by our government. Railroads are now under close scrutiny and protection of Homeland Security. The DHS has a lot of authority to investigate, arrest and seize items and property without violating the 4th Amendment now. In Texas, the RR Police are commissioned by Texas DPS as Texas Rangers, and have arrest powers ANYPLACE in Texas. Texas EMT can verify this through the Texas Attorney General's Office or anyone else through the Attorney General website. If an item is stolen from a crew or crew truck, and it is reported, DHS will usually investigate it if it is an item capable of doing harm to the RR, or injury to any person with the RR, or in a civilian capacity. It has gotten real sticky these days. These transmissions fall under some of the DHS violations, and may have been investigated as such by them, and the arrest and seizure made by them. What it boils down to, is that no matter what, use some common sense, and just don't do stupid stuff. Transmitting on a frequency you are not licensed for, or have no WRITTEN authorization is just asking for trouble. Even in an emergency, there "usually" are other options, instead of jumping on a frequency you do not really need to use. I spent a number of years working on some of these same type of cases, and really don't want to see or hear of anyone here, ending up in the middle of a mess they don't need. As for the arrest by the FCC... Well it was mentioned the use of U.S. Marshal's, or the Federal Agents. That too is true, and if the FCC had agents involved, wrote a complaint/affidavit, and got a warrant issued, the Feds enforced the action(s), and that was pretty much the end of that part. Sure, there is the offer of a trial, but when caught red handed in a federal case, usually an offer is made, and it is best advised to take it, as it only gets worse. Whether it was the FCC, DHS, or RR I am sure there was proof positive (and will be in future cases) that would make most defense attorney's advise their client to take the offer...
Knightrider

 

[rdale]

One point that has been over looked

...is that after all this time, and all these people searching, nobody has any proof.

This didn't happen.

 

[knightrider]

...is that after all this time, and all these people searching, nobody has any proof.

This didn't happen.

Hmm, didn't see that, where was it posted again??? Doesn't make any difference at this point in the conversation whether it happened or not, just be careful, don't be stupid, and try to help the rest of the folks enjoy the hobby. It CAN happen.
Knightrider

 

[Bri4878]

No one is going to split that hair if you save someone's life by grabbing a TX modded ham rig. Remember, we're talking about an *immediate* threat to life or major property.

Besides, how is a 2-meter repeater or cell phone going to allow you to contact a train crew only a couple of miles from a washout, a bus full of nuns and orphans stuck on the tracks, etc? You'd still be going through voicemail on most railroad systems ...

"If one of our trains just drove off into the river, press 7."

Personally, I would be willing to take that risk.

You have been watching to many movies (shakes head).

 

[kb9gig]

reply to railfan busted

first of all he was an idiot for transmitting on the rail freq.
if he was a licensed ham radio operator if he would get a good lawyer he could own that rail company because there is no one except an authorized agent of the fcc or federal marshal that is allowed to take your radio equipment i have ran into this before with a state cop and a high school rent a cop thinking they were god.
If he is a licensed ham he deserves to have his ham ticket yanked.

 

[rdale]

if he was a licensed ham radio operator if he would get a good lawyer he could own that rail company

Nobody took any equipment from anyone. This is a made up story. An Internet hoax. It was posted here for fun.

 

[Bri4878]

first of all he was an idiot for transmitting on the rail freq.
if he was a licensed ham radio operator if he would get a good lawyer he could own that rail company because there is no one except an authorized agent of the fcc or federal marshal that is allowed to take your radio equipment i have ran into this before with a state cop and a high school rent a cop thinking they were god.
If he is a licensed ham he deserves to have his ham ticket yanked.

It's overzealous people who want to transmit out of the bands or think because they have a ham ticket they are above the law. I'm a ham. I'm also a retired police officer. I can guarantee you if you have a ham ticket or not in most if not all states if you are carrying a radio that is modified to transmit out of band you are S.O.L. Even in Minnesota if you are a licensed police officer if you are using ham equipment that is not approved for commercial use you are going to be in trouble. It's happened. So comments like "you could own that rail company" are foolish at best and ridiculous. It's this kind of attitude that gives the ham community a bad rap with law enforcement. You reap what you sow.

If this seems harsh well thats just the way it is. There is no reason to mod equipment to transmit out of band period. I've never understood people who have the need to make a radio transmit out of band. Not only do you blow any warranty you would have had on the radio to heck you just made yourself look like the rent a cop you mentioned. If you want to transmit in those bands get the training and then get a job in that field. Short of that you have no business with a radio that will transmit on those bands.

 

[JoeyD714]

Kate Shelley

"Kate Shelley - Wikipedia, the free encyclopedia

This is the way to go... Forget the radio..."

For the Wiki challenged, allow me to summarize:
Kate Shelley Alerted authorities about a washed out bridge & a trapped train crew & in so doing saved a lot of lives & reaped a LOT of Kudos.... Money, medals, a load of coal (to heat her house I presume), her mortgage paid off, free tuition; bridges, trains and bldgs named after her; songs & poems written about her etc.

Today it'd be more like "OK, Thanx for the information, now git out the way we got work to do."...

Also noted: Despite free tuition, she didn't finish school but still became a teacher, only in them days lol.

Despite Legendary hero status, she died broke & lonely in her mid 40's from something that most people today can beat with antibiotics.

Yea that's the way to go alright.

 

[knightrider]

HERO=
Hardly
Even
Remember
Occasion

Something I throw out every time I teach a class to anyone in Public Safety. Many HERO's are buried 3 days later, and forgotten within a month except by close family. Either you are forgotten, or you are in trouble. What good is the modified radio then? Prison officials frown on you taking it with you, and probably someone at the funeral home is going to give it back to your family... OK, so now I'm getting real Hokey, but the HERO thing is for real.
Knightrider

 

[jaymatt1978]

I'm not disagreeing with you but you folks remeber that Seinfeld episode where the gang witnesses a mugging, does nothing and gets hauled into court themselves for not trying to help him? Look I'm notdefending the bozo who just chatted up the railroad just for kicks, butif I see the trains in danger and I can tx on their freqs to avoid tragedyI'm going to do it! Ifit's something likea person on the tracks, and I hear the conductor, geuss what? I'm going to do it!We're getting way off topic here.

You have been watching to many movies (shakes head).

 

[Bri4878]

I'm not disagreeing with you but you folks remeber that Seinfeld episode where the gang witnesses a mugging, does nothing and gets hauled into court themselves for not trying to help him? Look I'm notdefending the bozo who just chatted up the railroad just for kicks, butif I see the trains in danger and I can tx on their freqs to avoid tragedyI'm going to do it! Ifit's something likea person on the tracks, and I hear the conductor, geuss what? I'm going to do it!We're getting way off topic here.

Just answer this one simple question. Unless you work for the railroad and are at work why would you or why do you have a radio that will transmit out of band?

 

[KK6PD]

Google ... then read about D.S of the year!!!

Jack Gerritsen

Pretty much the poster boy for stupidity and radios

same thng here!!!

 

[kny2xb]

This probably could have happened.

I was working part-time at Radio Shack from '86-'91 in Rochester, NY. One evening I had some guy come in asking/talking about two-way and ham radios. I COULD NOT get it through to him that he could not use a modified ham h-t to call the city PD for help on THEIR frequencies. Especially downtown, where they usually had a traffic officer at each of the 3 main intersections. He was trying to justify it by saying "well, if there was an accident with people injured...". I told him, "you run to the corner and tell the cop!".

He finally left, with me shaking my head. Happy ending though. I told a local ham/frequent customer about the guy. He told me later on that one of the ham clubs had confiscated a guy's radio, and that from my story it was probably the same one.

I don't want to start any discussions about the authority and/or rights to confiscate someones radio, I'm just repeating what I was told. And if that's what did happen, I'm happy that a potential radio abuser was stopped before he caused any trouble. I'm not on his side, but better to lose the radio and his money rather than get in trouble with the police and the FCC.

Sorry to get long winded, my point is...one guy wants to talk to rail crews, another wants to talk to the PD...there's always somebody who wants to do something off the wall.

 

[midstate33]

Why do I have a "modified" radio...........because I can, is it illegal to use it on freqs your not licensed to
YES! If the right circumstances arose would I use it........YES!!! I would also suffer any reprecussions
of my actions....
Why do I own a gun........because I can, legally(same as a radio, no the fact that the radio is capable of operating out of band does not make it illegal only when you use it out of band) same as having a car
that will go 120 MPH nothing illegal until I drive it at an excess speed, then I suffer the consequences,
each & every case should & would be judged on its merits/circumstances.....I smell a dead horse that probably died of being kicked to death.......Nuf!!!

 

[jaymatt1978]

Two things I nnever said the radio I have transmits "out-of-band" because I use commercials for ham work, which IS LEGAL. Secondly a person on the tracks overrules any radio laws!

Just answer this one simple question. Unless you work for the railroad and are at work why would you or why do you have a radio that will transmit out of band?

 

[kb2vxa]

"I smell a dead horse that probably died of being kicked to death.......Nuf!!!"
With all the dead horses around here you don't even need a nose to smell them. As far as "nuf" goes... to paraphrase Jim Carey "Try and STOP ME!" (;->)

If nothing else this and similar threads aside from being amusing are quite useful... for identifying various species of fruits and nuts, mostly nuts.