Local Law Enforcement: Airport Security And Protection

Airports are protected by local law enforcement agencies, which work in collaboration with federal agencies to ensure the safety of travellers and employees. The local law enforcement agencies are responsible for patrolling the airport, responding to emergencies, investigating criminal acts, and controlling traffic. They also assist other agencies with screening and security checks. The local agencies work with federal agencies like the TSA, FAA, FBI, and US Customs and Border Patrol to ensure the safety of the airport and its passengers.

Local law enforcement at airports can stop, search, detain, and remove people

Local law enforcement officers at airports can stop, search, detain, and remove people, but these actions are subject to certain limitations. For example, law enforcement officers cannot perform stops, searches, detentions, or removals based solely on an individual's religion, race, national origin, gender, ethnicity, or political beliefs. This is true for both citizens and non-citizens.

Transportation Security Administration (TSA) officers, who are generally not law enforcement officers, conduct security screenings of passengers, baggage, and cargo at airports. They are authorised to search individuals and their belongings, even if there are no specific indicators of suspicion. However, TSA officers cannot make arrests.

Customs and Border Protection (CBP) officers, on the other hand, are law enforcement officers who typically operate at airports and border crossings. They have the authority to stop, search, and detain individuals to determine their admissibility into the country. CBP officers can inspect personal belongings, including electronic devices such as laptops and cell phones, regardless of whether there is reasonable suspicion. However, CBP officers cannot base their decisions to conduct personal searches or secondary inspections on factors such as religion, race, national origin, gender, ethnicity, or political beliefs.

When encountering law enforcement at airports, individuals should be aware of their rights. If individuals feel their rights are being violated or they are being detained for an extended period, they should consider contacting an attorney or legal services organisation. Additionally, individuals have the right to wear religious head coverings during security screenings and can decline to answer intrusive questions about their citizenship and travel plans, although this may result in delays or further inspections.

They must not do so based on religion, race, national origin, gender, ethnicity, or political beliefs

Local law enforcement does protect airports, with airport police departments using specially trained officers with permanent airport assignments. These officers are responsible for a range of law enforcement tasks, including control and response to emergencies, criminal acts, investigations, patrolling, traffic enforcement, and making arrests.

Airport police departments often work in collaboration with other law enforcement agencies, such as the TSA, FAA, FBI, and local, state, and federal agencies, to ensure the safety and security of travelers, employees, and the general public.

It is important to note that law enforcement officers, including those at airports, must not perform any stops, searches, detentions, or removals based solely on an individual's religion, race, national origin, gender, ethnicity, or political beliefs. This is a protected right, and officers are not allowed to select individuals for questioning, personal searches, or secondary inspections based on these factors. Religious and political beliefs and associations are protected by the First Amendment.

For example, at the San Francisco International Airport, the airport police work closely with the San Francisco International Airport Administration, San Mateo Sheriff's Office, Transportation Security Administration, Federal Aviation Administration, Federal Bureau of Investigations, and other local, state, and federal law enforcement agencies.

Similarly, the Port Authority Police Department (PAPD) protects major airports in the New York and New Jersey area, including Newark Liberty International Airport, John F. Kennedy International Airport, and LaGuardia Airport. The PAPD is responsible for patrolling, responding to aircraft incidents, and aiding travelers, regardless of their religion, race, national origin, gender, ethnicity, or political beliefs.

Local law enforcement at airports can ask questions about citizenship and travel plans

Local law enforcement officers at airports have the authority to ask questions about citizenship and travel plans. Customs officers, for instance, have the authority to ask about immigration status to determine whether non-US citizens and lawful permanent residents have the right to enter the country. They may also ask questions about your travel itinerary.

If you are a US citizen, you need only answer questions establishing your identity and citizenship. However, refusing to answer routine questions about the nature and purpose of your travel could result in delays and/or further inspection. US citizens cannot be denied entry to the US for any reason, including refusing to answer questions or provide passwords or unlock devices, but refusal might lead to delays, lengthy questioning, and/or officers seizing your device for further inspection.

If you are a lawful permanent resident (LPR) who has maintained your status, you only have to answer questions establishing your identity and permanent residency. Refusal to answer other questions will likely cause delay, but officials may not deny you entry into the US for failure to answer these questions. However, LPRs can be denied re-entry if their travel outside the US was not brief (more than 180 days) or they engaged in illegal activity after leaving the US.

If you are a non-citizen visa holder or visitor, you may be denied entry into the US if you refuse to answer officers' questions. All visitors and LPRs are fingerprinted on entry into the US from abroad. If you are told you cannot enter the country and fear persecution or torture if you return to the country you travelled from, you should tell the customs officer and ask for asylum.

Officers may not select you for a personal search or secondary inspection based on your religion, race, national origin, gender, ethnicity, or political beliefs. Religious and political beliefs and associations are protected by the First Amendment.

They can also ask for passwords to electronic devices, but this is a contested legal issue

Law enforcement officers at airports and borders generally have the authority to search all bags and ask questions about citizenship and travel itineraries. Customs officers may also stop, detain, and search any person or item at the border, including electronic devices such as laptops and cell phones, even if there is nothing suspicious about the person or their luggage.

However, the extent of their authority to search or copy files on electronic devices without reasonable suspicion that the devices contain evidence of wrongdoing is a contested legal issue. While the government believes that the authority to search without individualized suspicion extends to electronic devices, others argue that this violates the Fourth Amendment, which protects against unreasonable government searches and seizures.

U.S. citizens cannot be denied entry to the United States for refusing to provide passwords or unlock devices, but refusal may lead to delays, lengthy questioning, or officers seizing the device for further inspection. Lawful permanent residents and non-citizen visa holders may be denied entry into the United States if they refuse to cooperate. It is important to note that officers may not select individuals for a personal search or secondary inspection based on religion, race, national origin, gender, ethnicity, or political beliefs.

Additionally, according to the Fifth Amendment, a police officer cannot force an individual to input their passcode or password to unlock a cellphone as it would force them to produce the contents of their mind, which is a form of self-incrimination. However, officers can force individuals to use facial recognition or fingerprint identification to unlock their cell phones as these are considered nontestimonial acts that do not disclose any knowledge.

Local law enforcement at airports can make arrests

Local law enforcement officers at airports, such as airport police, are authorised to make arrests. Airports are also patrolled by Transportation Security Administration (TSA) officers, who are not commissioned law enforcement officers and cannot make arrests. However, TSA officers can conduct security screenings and searches of passengers, baggage, and cargo. They can also request to search religious headwear, but they cannot compel its removal.

Local law enforcement officers at airports can arrest individuals with active warrants at any point, including during airport travel, whether the person is arriving or departing. During security screenings, identification is often cross-checked against databases for outstanding warrants. If a match is found, law enforcement is notified, and the individual could be taken into custody on the spot. The type of warrant is important, as warrants vary, including arrest warrants, bench warrants, and extradition warrants. An arrest warrant authorises law enforcement to take someone into custody, while a bench warrant is issued if someone misses a court date. Extradition warrants are applied when authorities from another region or jurisdiction seek to transfer an individual to face charges.

Local law enforcement officers at airports can also arrest individuals suspected of a crime. These arrests are often associated with serious crimes such as murder, rape, or drug trafficking. In cases involving cross-border crimes, local law enforcement officers may cooperate with Interpol, which may request these arrests on behalf of foreign law enforcement agencies.

If an individual is arrested at an airport, they will be taken into custody and transported to a local police station or detention facility. The process may differ depending on the jurisdiction, but it generally follows these steps: First, the individual is detained and processed with fingerprinting, photographs, and personal details. The individual will remain in custody until a bail hearing or further legal proceedings. After the arrest, the individual will appear before a judge who will inform them of the charges and explain their legal rights, including the right to speak to a lawyer. The judge will then determine whether the individual qualifies for bail or set conditions for their release. If formal charges are filed, the individual will face legal proceedings, including court appearances, plea discussions, or a trial.

Frequently asked questions