Ruth Haines
Travelling with an outstanding warrant can be a nerve-wracking experience. While the Transportation Security Administration (TSA) does not actively search for individuals with arrest warrants, there is still a chance you could get arrested at the airport. Although the TSA does not have access to police records, any interaction with law enforcement could lead to your warrant being discovered and you being taken into custody. This is especially true for larger airports, which tend to have a significant police presence. If you are travelling internationally, the risk of being detained at the border is even higher, as Customs and Border Protection (CBP) officers will conduct checks and have access to databases that include warrant information. Therefore, it is generally not advisable to travel with an outstanding warrant, as it could result in arrest, extradition, and significant disruptions to your travel plans.
| Characteristics | Values |
|---|---|
| Does TSA check for warrants? | No, the TSA does not check for warrants during the security screening process. Their primary focus is on ensuring passenger safety by screening for prohibited items such as weapons and explosives. |
| Can you fly with a warrant? | Generally, it is possible to board a plane in the United States with an active warrant. However, there is a risk of being arrested at the airport or during the flight. |
| What is the risk of flying with a warrant? | If there is an incident that requires law enforcement involvement, any outstanding warrants may be discovered and could result in immediate arrest and extradition. Travelling with a warrant can also impact the outcome of an upcoming criminal case, as it may be perceived as an attempt to escape consequences. |
| What is the difference between domestic and international flights? | Domestic flights within the US do not typically involve database checks during security procedures, so there is a lower risk of being detected. However, airports usually have a significant police presence, so direct contact with law enforcement may lead to the discovery of a warrant. International flights involve more thorough identity checks, increasing the chances of being apprehended. |
What You'll Learn
TSA's role and connection with law enforcement
The Transportation Security Administration (TSA) is an agency of the United States Department of Homeland Security (DHS) that has authority over the security of transportation systems within and connecting to the United States. The TSA was created in response to the September 11 attacks to improve airport security procedures and consolidate air travel security under a federal law enforcement and regulatory agency.
The TSA's primary mission is to ensure passenger safety by screening for threats like weapons, explosives, and other prohibited items. While the TSA does not actively search for individuals with arrest warrants, it does verify the identity of travellers against secure flight databases to manage risks. These databases focus on threats to civil aviation and national security, not arrest warrants.
However, if the TSA encounters a situation that requires local law enforcement, such as suspicious behaviour or prohibited items, the police called to the scene may run the individual's information and discover any outstanding warrants. The TSA also has a law enforcement arm, the Federal Air Marshal Service (FAMS), which is made up of federal law enforcement officers who work undercover to protect the air travel system from hostile acts. FAMS officers carry weapons and are part of the Department of Homeland Security.
In addition, the TSA employs Transportation Security Officers (TSOs) who are responsible for providing security and protection for travellers across all transportation sectors. TSOs do not carry weapons, do not have arrest powers, and are generally not permitted to use force. They spend a lot of time interacting with the public and providing customer service.
Overall, while the TSA's primary role is not to actively search for individuals with arrest warrants, its connection with law enforcement means that there is a possibility of warrants being discovered during security checks or when local law enforcement is involved.
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Risks of flying with an open arrest warrant
Understanding an Open Arrest Warrant
An open arrest warrant is a legal document issued by a judge or magistrate, authorising law enforcement to arrest an individual linked to a crime. This can be for various reasons, including failing to appear in court, violating probation terms, or being suspected of a crime. Once issued, the warrant is typically entered into national databases accessible by law enforcement agencies across the country.
TSA's Role
The Transportation Security Administration (TSA) does not actively search for individuals with arrest warrants. Their primary objective is to ensure passenger safety by screening for threats like weapons, explosives, and other prohibited items. However, the TSA does verify the identity of travellers against secure flight databases to manage risks, but these databases focus on threats to civil aviation and national security, not arrest warrants.
Connection with Law Enforcement
While the TSA itself isn't looking for warrants, if they encounter a situation requiring local law enforcement (such as a dispute, suspicious behaviour, or prohibited items), the police called to the scene may run your information and discover the warrant.
Risks at Destination and Origin Airports
Local Police & Warrant Checks
Larger airports often have a significant police presence. If you come into direct contact with them for any reason, there is a possibility they might check for outstanding warrants.
Flying to a Different Jurisdiction
If your warrant is issued in one state and you're flying to another, it's crucial to understand the nature of the warrant. Some are only enforceable within the issuing state, while others have broader jurisdiction.
International Travel
International travel adds complexity. Customs and Border Protection (CBP) officers will conduct checks, and an outstanding warrant could result in your arrest upon entering the U.S. or your destination country.
Consequences of Being Detected
Immediate Arrest
The most direct consequence of being identified with an outstanding warrant is arrest by local or federal law enforcement.
Extradition
If arrested outside the jurisdiction of the issuing warrant, you may face extradition, a process where one jurisdiction sends a person back to another for criminal processing.
Travel Disruptions
Besides the immediate legal consequences, your travel plans, including return flights, accommodations, and commitments, could be severely disrupted.
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International travel with a warrant
International travel with an outstanding warrant is highly inadvisable and may lead to severe legal complications. Here is some critical information to consider:
Airport Security Checks:
- Airports treat their premises as sensitive areas, and the Transportation Security Administration (TSA) and airport authorities are responsible for ensuring passenger clearance. This includes assessing any outstanding warrants.
- While the TSA's primary objective is to ensure passenger safety by screening for prohibited items, they do verify travelers' identities against secure flight databases. These databases include FBI-maintained databases such as the National Crime Information Centre (NCIC).
- If a warrant is detected during security inspections, local law enforcement or airport police will be notified, potentially resulting in immediate detention.
- International flights involve more stringent security procedures, including checks against international law enforcement databases such as Interpol.
Risks at Origin and Destination Airports:
- The primary risk at the origin airport is failing the initial security check and being arrested before departure.
- Upon arrival, particularly when travelling between states with differing law enforcement practices, additional identification verification and security checks may be conducted.
- Customs and Border Protection (CBP) officers will conduct checks, and an outstanding warrant could result in your arrest when entering certain countries, including the United States.
Consequences of Being Detected:
- If an active warrant is discovered, you may be subject to immediate arrest by local or federal law enforcement authorities.
- In the event of an arrest outside the jurisdiction of the issuing warrant, you may face extradition, which involves being transferred back to the original jurisdiction for legal proceedings.
- Beyond the legal repercussions, your travel plans, including flights, accommodations, and other commitments, are likely to be significantly disrupted.
Recommendations:
- Consult a legal professional before making any travel plans to understand your specific risks and options.
- The best course of action is to address and resolve the warrant by turning yourself in, posting bail, or appearing in court.
- Stay informed about your rights and the processes at both your departure and arrival locations.
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Domestic travel with a warrant
The Nature of the Warrant
The type of warrant an individual has can impact their ability to travel domestically. Warrants can vary from parking ticket warrants, traffic rule violation warrants, bench warrants (issued when an individual fails to appear in court), or more serious felony warrants. It is important to understand the nature and severity of the warrant before considering domestic travel.
Security Checks at Airports
While the Transportation Security Administration (TSA) in the United States does not actively search for individuals with arrest warrants during security screening, they do verify travellers' identities against secure flight databases. However, these databases focus on civil aviation and national security threats rather than arrest warrants. Additionally, if an individual encounters law enforcement at the airport due to a dispute, suspicious behaviour, or prohibited items, the authorities may discover any outstanding warrants.
Domestic Flight Procedures
On domestic flights within the United States, passengers' names are typically not displayed during boarding, and airlines do not usually cross-check names with national databases for warrants. This means that it is possible to fly interstate without detection by airport security officials. However, there is still a risk of encountering problems during security checks, and travellers with warrants may be detained or arrested if their warrant is discovered.
Recommendations
Travelling with an outstanding warrant is not advisable, as it can lead to unexpected interruptions and legal repercussions. It is recommended to consult with a legal professional and address the warrant before considering travel. Obtaining legal guidance can help individuals understand their rights, the specific warrants issued against them, and the potential consequences of travelling. Resolving the warrant, turning oneself in, posting bail, or appearing in court may be necessary steps to take.
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What to do if you have an open arrest warrant
An open arrest warrant can make even the simplest of tasks daunting, and it's understandable that you'd want to know what to do in this situation. Here are some instructive guidelines on what to do if you find yourself with an open arrest warrant:
Consult a Lawyer
The first step is to contact a criminal defence lawyer. They can advise you on the best course of action, such as whether to turn yourself in or wait for the police. A lawyer can also help negotiate with prosecutors to get the charges against you dropped or reduced. It is important to never turn yourself in without first consulting a lawyer.
Understand the Risks
An active arrest warrant severely limits your freedom and can lead to severe legal consequences. It restricts your ability to travel, drive, or enter federal properties. Trying to travel, especially internationally, with an open warrant is incredibly risky and will likely lead to arrest and detention.
Take Immediate Action
Do not ignore the warrant or attempt to flee from it. Warrants do not expire and will not go away. Actively avoiding the warrant will only worsen the charges and penalties when law enforcement eventually finds you. Take proactive steps to resolve the warrant legally and regain your freedom.
Be Prepared for Court
If you decide to turn yourself in, your lawyer will help you prepare for any court appearances. This includes gathering necessary documentation, understanding the charges against you, and planning your defence strategy.
Know Your Options
Depending on your jurisdiction, you may have several options to address the warrant. These may include appearing in court and pleading guilty, posting a cash bond, hiring a bail bondsman, or turning yourself into the police department. You may also be able to request a court date or speak directly to a judge during a "Walk-in Docket" hearing.
Stay Informed
If you choose to travel, be aware of your rights and the processes at both your departure and arrival locations. Understand the nature and jurisdiction of your warrant, as some warrants are only enforceable within certain states or countries.
Remember, an open arrest warrant is a serious matter, and it's crucial to take prompt and responsible action to resolve it. Consult with a legal professional to understand your options and protect your rights.
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Frequently asked questions
Airports are critical places, often treated as sensitive areas. While airport security and staff are not checking specifically for arrest warrants, you may be detained or arrested if your warrant is discovered.
The TSA does not routinely check for warrants during security screenings. Their primary focus is on ensuring passenger safety by screening for prohibited items. However, if there is an incident that requires law enforcement involvement, any outstanding warrants may be discovered during their checks.
Generally, international travel with an arrest warrant is not advisable as it is often viewed as an attempt to evade justice. There is a high chance of being detained at the border by law enforcement, which could result in charges of fleeing justice.
If you have an outstanding warrant, it is crucial to take immediate action. Consult with a lawyer, do not ignore the warrant, and prepare for any court appearances.
