Can You Fly if You Have a Warrant?

Whether you can fly with a warrant depends largely on your circumstances. Generally, it is possible to board a plane in the United States with an active warrant. However, whether or not that flight will actually take off is a different story.

Airlines can deny boarding under certain conditions, without warrant information. For instance, if there is probable cause indicating the person may be attempting to escape prosecution or impede an investigation, the individual may be detained pending clearance from the relevant authorities.

What is Arrest Warrant?

Issued by a judge or a magistrate, an Interpol arrest warrant is a legal document that authorizes law enforcement authorities to take an individual into custody. When there is an international or federal warrant, a legal document is typically issued when there is probable cause to show that the individual has committed a crime, failed to appear in court, or violated the terms of probation. The arrest warrant includes specific details about the individual, the alleged offense, and the legal grounds for the arrest warrant.

The term “outstanding” is used to describe a legal arrest edict that has not yet been executed, meaning the individual named in it has not been arrested or apprehended. An outstanding warrant remains active in the legal system until the person is arrested, voluntarily surrenders, or the warrant is otherwise resolved through the legal process. This status signifies that law enforcement agencies are actively authorized to arrest the arrested individual at any time and in any location within their jurisdiction.

Where Can you Fly With a Warrant?

The question of whether you can fly when there is a legal authorization for your arrest depends with your destination and origin airport. In some cases, you might be able to travel provided you have all the necessary documents like a passport for international travel and visas for your destination countries. However, flying with active warrants, especially for misdemeanors, may lead to potential issues at your destination or origin airports.

For domestic flights within the U.S., a state-specific sanction typically doesn’t pose legal problems. But for warrants spanning multiple jurisdictions, consult the airline and local law enforcement about entry to your destination country before booking a domestic flight or international flight there. The likelihood of being stopped at the airport due to a warrant varies based on the warrant’s specifics.

Regardless of active warrants, you must provide security checkpoint a valid form of identification, such as a driver’s license or passport, and notify airport security personnel when necessary to complete proper screenings. This will help ensure safe air travel while minimizing unexpected interruptions or issues along the way to domestic flight.

Who Cannot Fly With a Warrant?

Whether or not misdemeanor arrest warrant or someone with it can fly depends on the destination country. In the United States, both arrest warrants or individuals with arrest warrants are typically unable to fly, as the TSA can access a database of such individuals. However, rules may differ in other countries, like Canada, where flying with it might be possible.

People barred from flying internationally despite having a warrant include those wanted for serious Interpol crimes, fugitives, and those deemed flight risks. Additionally, being on the no-fly list prohibits air travel, regardless of having a valid warrant.

Can You Travel on Domestic Flights With a Warrant?

When considering “Can you fly from state to state with a bench warrant?” or “Can you fly internationally from state to state with a felony warrant?“, it’s important to recognize that domestic flights operate differently from international flights. There is no guaranteed method to bypass airport security personnel and checkpoints, and flying domestically with it, whether it’s a bench or a fugitive warrant, can still be risky.

On domestic flights, passengers’ names are not displayed during boarding, and airlines typically don’t cross-check names with national databases for warrants, even during online or airport check-in. Consequently, it’s sometimes possible to fly interstate with a warrant without detection by airport security officials. However, this isn’t certain, and there’s still a risk of encountering problems during security checks.

Can You Travel Internationally With a Warrant?

Can you travel internationally with a federal arrest warrant out? Generally, international travel with a warrant is not advisable, as it’s often viewed as a heightened risk for those with outstanding arrest orders. Departing the country might even be interpreted as an attempt to evade justice. If traveling with it, there’s a high chance of being detained at the border by law enforcement and charged with fleeing justice. Therefore, it’s best to avoid international travel and consult with a lawyer before making any travel decisions on can you fly with a warrant and potential legal consequences.

The challenge of international travel is crossing into another country. The airport in your home country might not be a problem for you, but the countries you want to visit might grant you a visa even though you have a criminal record.

In contrast to domestic flights, overseas flights involve database checks during security procedures at origin and arrival airports. For individuals with warrants, this means they must clear additional security checks at arrival airports even if their name isn’t in the airline or national security database.

Can You Get a Passport With a Warrant?

“Can you get a passport if you have a warrant?” or “Can you get a passport with a warrant?” are common questions for those with an active and felony warrant. The ability to obtain a valid passport with an outstanding warrant depends mostly on the type, criminal charge and the destination country’s laws. In some instances, it may not prevent leaving and re-entering their home country, with most warrants permitting access to a valid passport under certain conditions.

“Do airport police check for outstanding warrants when applying for a passport?” Authorities and airport officials say police may sometimes check for active warrants during the passport application process. Those with outstanding warrants should be aware of their destination country’s laws regarding their situation before planning international travel.

Risks at Destination If You Have a Warrant

Police Presence & Warrant Checks at Airports – Large airports usually have substantial law enforcement presence. If you cross paths with them for any reason, there’s a chance they might check for any existing warrant.

Traveling to a Different State – If an order for your arrest has been issued in one state and you’re planning to fly to another, it’s vital to comprehend the nature of the the issuing state arrest warrant. Some warrants are only actionable within the issuing state, judge or police say, while others have wider jurisdiction.

International Travel – Traveling internationaly introduces added legal problems and intricacies. Customs and Border Protection (CBP) officers carry out checks, and an existing warrant for your arrest could lead to your arrest upon entry into the U.S.

Air travel and security checks

The question of whether persons with arrest warrants issued against them can move freely between state borders worries both ordinary travelers and professional lawyers. It is worth considering that the passenger screening system in aviation is closely related to the activities of law enforcement agencies. 

The Transportation Security Administration is responsible for the security of civil aviation in the United States. However, the functions of the Office are not limited to just checking luggage and personal belongings for prohibited items or threats to flight safety. Some key TSA tasks: identity verification, working with international databases, cooperation with law enforcement agencies. 

However, it is worth considering that the TSA is not a police agency with the authority to independently arrest people on an open warrant. But if a TSA officer suspects that a passenger is wanted, he or she will likely contact local police or other authorities.

Passengers are required to provide TSA officers with identification before flying. They use visual and technical equipment (scanners, databases) to match the name and date of birth with the information on the airline ticket.

The system can automatically check whether the passenger’s name matches the lists of wanted persons under sanctions or other lists generated by government agencies. 

If the TSA suspects that a person is evading court, is under investigation, or is subject to arrest, the information is transmitted to law enforcement agencies, and upon the arrival of the police, the search procedure can be suspended and the passenger detained.

If there is an active arrest warrant in a national database (such as the National Crime Information Center), there is a possibility that information will come up during the passenger identification and verification process. If the warrant is entered into federal or interstate wanted database, then TSA will definitely receive a corresponding notification

If you know or suspect that an arrest warrant has been issued against you, it is worth checking that it is current first. Sometimes people may not be aware of a warrant until they are confronted with an arrest during a routine traffic check at the airport.

If you have a confirmed warrant, you should consult with an attorney to determine your legal strategy. It may be worth going to court, contacting law enforcement and settling the issue voluntarily. It happens that the warrant can be canceled upon payment of a fine or voluntary appearance at the hearing.

Trying to hide or “fly under the radar” usually only makes the situation worse. If a warrant is discovered right at the airport, the consequences may be more serious than if the person voluntarily appeared to regularize his status.

Who are the TSA and how do they work?

The Transportation Security Administration is the United States Transportation Security Administration, created as a result of security reforms after the tragic events of September 11, 2001. TSA’s primary mission is to ensure the security of civil aviation and other modes of transportation. 

Let’s look at the key functions of the TSA:

• Checking passengers and luggage: inspection of hand luggage, baggage and personal belongings of passengers to prevent dangerous objects from being brought on board, physical inspection, scanning of luggage with X-ray machines;
• ID Check: Passengers are required to present identification documents: passport, driver’s license or Real ID (US domestic standard). Identity verification is one of the key moments when wanted persons can be identified;
• Interaction with law enforcement agencies: TSA does not directly police wanted persons, but works closely with the FBI, CBP, and local police agencies.

To strengthen screening procedures, TSA has implemented a number of programs and tools. Some of them are aimed at speeding up security checks for “trusted” passengers, while others are aimed at identifying potential threats.

TSA PreCheck – Fast-track screening program for frequent flyers in the United States. The passenger undergoes a security check (background check) in advance and, if no questions arise, receives PreCheck status. During the inspection, he is given a separate line and a simplified procedure. 

Secure Flight – a program for comparing passenger data (name, date of birth, gender) with lists of potential threats and wanted persons. Airlines transmit passenger information to TSA prior to departure. TSA checks to see if there are any matches with its databases. If it is discovered that a person is on the “No-Fly List” or on the additional screening list (Selectd List), airlines are notified to deny boarding or conduct more extensive screening.

Secondary Security Screening Selection (SSSS) – additional in-depth screening, which is assigned to a passenger if his data raises an alarm in the system or matches a person from the threat list. The passenger receives the “SSSS” stamp on the boarding pass. It is checked more thoroughly: a full search of hand luggage, sometimes a search, questioning by security personnel.

Consequences of Being Detected at the Airport

1. Immediate Arrest – If you’re found to have an active warrant, law enforcement, whether local or federal, can arrest you at airport.
2. Extradition – Should the arrest occur outside the area where it was issued, you may be at risk of extradition, where you’re transferred to the original jurisdiction for legal proceedings.
3. Travel Interruptions – Beyond the legal repercussions, your travel arrangements, such as flights, lodging, and scheduled activities, may be significantly impacted.

What To Do If You Have an Outstanding Warrant?

If you discover that you have an outstanding warrant for your arrest, it is crucial to take immediate and responsible action to get rid of arrest warrant information. The steps you should follow:

1. Consult with a lawyer: the first and most important step is to contact a criminal defense attorney. An experienced lawyer in Interpol Law Firm can provide you with legal advice tailored to your specific circumstances, help you understand your rights, and guide you through the legal process.
2. Do not ignore the warrant: ignoring it can lead to your arrest at an inconvenient time and place, such as during a traffic stop or at your workplace. It is best to address the warrant proactively to avoid these complications.
3. Prepare for court: your lawyer will help you prepare for any court appearances. This includes gathering any necessary documentation, understanding the charges against you, and planning your defense strategy.