Whether you can travel with a warrant largely hinges on the type of warrant, your destination, and the specific laws in place. While it might be possible to board a plane, the success of your travel isn’t guaranteed. Airlines have the right to deny boarding if they suspect you’re attempting to evade prosecution or hinder an investigation.
Understanding Arrest Warrants
An arrest warrant is a legal document issued by a judge or magistrate authorizing law enforcement to take someone into custody. It’s typically issued when there’s probable cause that an individual has committed a crime, failed to appear in court, or violated probation terms. An “outstanding” warrant simply means the person hasn’t been arrested yet, and law enforcement is actively authorized to make an arrest.
Flying Domestically With a Warrant: A Gray Area
For domestic flights within the United States, the impact of a warrant depends on its scope. A state-specific warrant might not pose immediate legal problems. However, warrants spanning multiple jurisdictions require careful consideration. Before booking a flight, it’s wise to consult with the airline and local law enforcement regarding entry into your destination state. While it’s sometimes possible to fly domestically with a warrant, there’s always a risk of encountering issues during security checks. Providing valid identification, like a driver’s license, is essential for completing security screenings.
TSA agent checking a passenger's ID
International Travel With a Warrant: Proceed With Caution
International travel with a warrant is significantly riskier. Leaving the country could be interpreted as an attempt to evade justice. There’s a high probability of detention at the border. It’s strongly advised to avoid international travel and seek legal counsel before making any travel plans.
Unlike domestic flights, international flights involve database checks at both departure and arrival airports. This means individuals with warrants face increased scrutiny, even if their name isn’t initially flagged. While your departure airport might not pose an issue, your destination country may deny entry due to your criminal record.
Airport security check for international travel
Can You Get a Passport With a Warrant?
The ability to obtain a passport with an outstanding warrant depends on the type of warrant, the criminal charge, and the destination country’s laws. Police may check for active warrants during the passport application process. Always research the laws of your destination country regarding your specific situation before planning any international travel.
Risks at Your Destination
- Police Presence at Airports: Large airports have a significant law enforcement presence. Any interaction with them could lead to a warrant check.
- Interstate Travel: If a warrant was issued in one state, understand its jurisdiction. Some warrants are only enforceable within the issuing state.
- International Travel: Customs and Border Protection (CBP) officers conduct thorough checks, and an outstanding warrant can lead to arrest upon entry into the U.S.
Air Travel and Security Checks: How It Works
The Transportation Security Administration (TSA) is responsible for civil aviation security in the United States. While the TSA isn’t a police agency, they work closely with law enforcement.
Passengers must provide identification to TSA officers. They use visual and technical equipment to match names and dates of birth with airline tickets. The system can automatically check for matches against lists of wanted persons. If the TSA suspects someone is evading court or is under investigation, they will contact law enforcement. A national database like the National Crime Information Center (NCIC) can flag active warrants during passenger identification.
It’s crucial to confirm the status of any suspected warrant before traveling. Contacting law enforcement or consulting an attorney is highly recommended. Attempting to hide or “fly under the radar” can worsen the situation.
Understanding the TSA
The Transportation Security Administration (TSA) was created after 9/11 to ensure transportation security. Key TSA functions include:
- Passenger and Luggage Screening: Preventing dangerous items from being brought onboard through physical inspection and X-ray scanning.
- ID Check: Verifying identification documents to identify wanted persons.
- Law Enforcement Interaction: Working with the FBI, CBP, and local police.
TSA utilizes programs like TSA PreCheck (expedited screening) and Secure Flight (comparing passenger data with threat lists). Secondary Security Screening Selection (SSSS) involves additional in-depth screening.
Consequences of Detection at the Airport
- Immediate Arrest: Law enforcement can arrest you if an active warrant is discovered.
- Extradition: If arrested outside the issuing jurisdiction, you may face extradition.
- Travel Interruptions: Your travel plans will be significantly disrupted.
What To Do If You Have an Outstanding Warrant
- Consult with a Lawyer: Seek legal advice from a criminal defense attorney.
- Don’t Ignore the Warrant: Proactively address the warrant to avoid complications.
- Prepare for Court: Gather necessary documentation and plan your defense strategy with your lawyer.
Taking responsible action is crucial when dealing with an outstanding warrant. Consulting with legal professionals and addressing the issue proactively is always the best course of action.
