Pastor_Mac
Train Attendant
- Joined
- Oct 25, 2016
- Messages
- 25
Apparently ABQ is a focus. https://theintercept.com/2019/08/31/dea-amtrak-passenger-search-albuquerque/
Several people that Perry has seized cash from insist that they are not drug couriers and, in fact, were never criminally charged as such, though that didn’t help them get their money back.
"a modest $20,040"? And people worry about someone stealing their used earphones?Apparently ABQ is a focus. https://theintercept.com/2019/08/31/dea-amtrak-passenger-search-albuquerque/
Sounds about on par with my experience in Chicago. The police officer there was the only person I have ever met who said "think of me like the TSA," and said it proudly. If I'm going to deal with that, I might as well fly, and so I shall to Chicago next weekend.When I tried to decline a search in Chicago, Amtrak police said they would insist on having my bag run by a canine, and since a canine was not currently available that would mean my luggage would miss the train.
They also literally asked me why I chose to travel by train rather than fly.
I would like to travel the western routes, health permitting, as part of my "bucket list" in the next year or two. I'm in my mid 60's and I'll be traveling alone, as my wife doesn't care to travel by train. As a male, traveling by myself and having a sleeper compartment I imagine I'll be subject to extra scrutiny. What is the best way to handle this situation? Let them go through everything as they please? Refuse the luggage inspection unless the officer can produce a search warrant? Allow the inspection but request an Amtrak employee be present as a witness? I have nothing to hide but I wouldn't want to be hauled off of the train somewhere and be left behind while things are sorted out. They sure know how to take the enjoyment out of train travel.
Oh, I imagine I look every bit of mid 60's but just in case, I think I would ask the sleeping car attendant to be present as a witness during the luggage inspection. I think I would also get a photo or two of the officer. Thanks for the advice, I had been looking forward to a rail excursion out west but I'm not so sure now.You may not be "profiled" if you "look like" you are in your mid-60's. I would cooperate with law enforcement.
Oh, I imagine I look every bit of mid 60's but just in case, I think I would ask the sleeping car attendant to be present as a witness during the luggage inspection. I think I would also get a photo or two of the officer. Thanks for the advice, I had been looking forward to a rail excursion out west but I'm not so sure now.
My story is vary like yours. I travel the Southwest Chief to ABQ often as I grew up there. I have been thinking about this vary issue too. I decided if confronted I would...
1. Ask the "reported" officer for a card and to see his badge. (Confirms and ID's status as law enforcement officer.)
2. Ask for the car attendant to witness the search. (Gets Amtrak involved if things escalate.)
3. Ask for a second officer to be present also. (Standard investigative procedure IF on the up and up.)
Yes, this has been my experience too. The problem is not that people have somehow been falsely impersonating Amtrak police, it's that the actual police know they have complete power over whether or not you get to board the train and they are not afraid to use it. I considered writing to Amtrak to complain after my most recent encounter, but their terms of carriage say that they can deny travel to anyone who doesn't comply with police instructions. They are not at all clear as to what constitutes a security hazard, so it is entirely up to an individual officer's discretion and the passenger has no recourse in the matter.Everyone's mileage may vary but in my situations (happened twice, both were Amtrak Police in Chicago) it was two officers and both showed badges and they were obviously legit Amtrak Police.
Thanks for the advice everyone. Many interesting points. Another question. I'll be carrying several hundred dollars in cash for times when I don't want to use a credit card: small purchases, tips, etc. Probably less than five hundred dollars. Do they really sometimes just confiscate a person's cash? How much would be considered "too much" for an old guy to be carrying?On a last-minute one-way CHI-EMY trip I was sitting in my roomette with the door open prior to departure from Chicago. Two gentlemen stopped at the door, showed identification, and said “we’re the police and we’d like to ask you a few questions.”
I said “that’s nice, I’m also the police,” and I produced my badge and identification. That apparently caught them off guard and they mentioned something about recent attack on the train (which there had been) and left. They and their dog stayed on the train all the way to Galesburg. I heard another passenger (young male alone) on the telephone loudly complaining to some acquaintance how he had stood up to the officers.
Anyhow, I’m retired now so for the first time in over 20 years I don’t have to worry about a drug test. On my recent train trip thru DC I bought a bag of “gummies” and I was a little worried until I read that the dogs aren’t really trained to smell gummies. I didn’t see any police on that trip though.
I saw a thread about this over on T.O. And I just want to correct some bad legal advice that was posted over there. On Amtrak, obviously you have a right to refuse a search but they can then deny you transportation. You must also provide them with identification on request to prove that you are the ticketed passenger. Again, feel free to not travel.
As far as non-transportation related encounters with police, the courts have ruled that a police officer may approach any person for a consensual conversation. The officer may ask you for your name and identification even in the absence of reasonable suspicion or probable cause. Since the encounter is consensual, you are free to not provide any information and you are free to leave (might be better to just ask “am I free to leave”?).
In order to “detain” a person, an officer must have reasonable suspicion. This is a lower burden than probable cause. In Texas, if you are lawfully detained (reasonable suspicion) but not under arrest (probable cause) you are not required to provide any information or identification (unless driving a motor vehicle). It should be noted that if you decide not to remain silent when lawfully detained and provide a false name, address, or dob, then that’s an offense.
I just wanted to correct the post over there that sort of implied an officer is somehow in the wrong if he asks you for identification in the absence of probable cause.
Steve
Yes. You are then expected to prove the money was not acquired through, used in, or intended for any criminal action or enterprise. Proving a negative is not easy so chances are good you'll lose the money forever despite lack of any evidence or charges against you.Do they really sometimes just confiscate a person's cash?
Civil asset forfeiture is distinct from the Currency and Financial Transactions Reporting Act.I don't know what amount would put you under suspicion for drug dealing, but once, when I was flying to Canada, customs agents on the jetway were asking each of us if we were taking more than $10,000 in cash out of the US.
I have travelled on the Southwest Chief five or six times as a solo passenger in the past 8 years and several times on the Texas Eagle/Sunset. Never had a problem and never been questioned.
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