In the U.S., you may be able to board a plane and fly domestically with a warrant, but airlines can deny you a boarding pass if they suspect you are trying to evade prosecution or disrupt an investigation.
Flying internationally with an outstanding federal or international arrest warrant can present significant challenges. Whether you can board an international aircraft with an outstanding warrant depends largely on the nature of the warrant, the issuing state or country, and the security procedures conducted by airport personnel. International airports often have stricter security measures, increasing the likelihood of detection.
What is an Arrest Warrant?
An arrest warrant is a legal document issued and approved by a judge or court, authorizing legal enforcement officers to arrest a person suspected of committing a crime. Typically, a warrant is issued based on probable cause and is the only document issued for arrest warrants. The lawful document issued also must specify the offense in question.
Arrest warrants may be issued for failure to appear in court, felonies, or other serious criminal offenses. 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 or failed to appear in court
Given the potential legal consequences of traveling with an outstanding arrest warrant, especially on international flights where security checks are more stringent, many people wonder: Can you fly with a warrant? Can you board a flight with an open warrant if it is not for a serious offense? What are the risks of traveling with an outstanding warrant?
Where Can You Fly with Warrants?
You might be able to board domestic flights if you have all the relevant travel documents like a valid passport and visa. However, flying with an outstanding felony or federal warrant, even for minor offenses, could lead to serious legal consequences and security complications.
In the U.S., a warrant for a major crime issued in one state may not always result in immediate legal issues when flying domestically. However, warrants issued for serious crimes are often flagged in national databases, increasing the likelihood of arrest at security checkpoints.
Presenting valid identification, such as a driver’s license or passport, at the Transportation Security Administration (TSA) checkpoint is necessary for boarding a domestic or international flight anywhere. Notifying airport security personnel and transportation security checkpoint administration and personnel about your situation may also help prevent unexpected complications.
Transparency and proper planning with airport officials, the transportation security checkpoint administration, and transportation security administration personnel can ensure passenger safety and reduce potential risks when attempting to fly with a warrant.
Who Cannot Fly with a Warrant?
The ability to fly with an outstanding warrant will depend on the legal policies, airport security checkpoint procedures, local law enforcement authorities, and cooperation between jurisdictions. Individuals with any open arrest warrant in the U.S. are at risk of detection at airport security checkpoints since TSA has access to law enforcement databases, including records of any arrest warrants issued elsewhere. TSA can screen and potentially detain individuals flagged for former or active arrest warrants at airport security checkpoints.
International travel with an open arrest warrant may present additional complications. Some countries, such as Canada, have strict policies regarding entry for individuals with outstanding arrest warrants, whether issued domestically or abroad. If you plan to travel internationally with a known active or open arrest warrant, consult an experienced attorney to understand the specific aviation, security, and legal procedures in your destination country.
Additionally, individuals wanted for serious crimes, deemed flight risks by national security, or, classified as fugitives by security agencies, or other international organizations are often prohibited from a domestic flight or traveling internationally. Those on a no-fly list due to national security passenger safety concerns will also be restricted from boarding any flights.
Can You Travel on Domestic Flights with a Warrant?
Flying domestically with a warrant carries risks, depending on the severity of the offense and the security measures at the airport. Airport police, and airport security personnel have access to national databases, most of the security personnel and airport police, at major airports are linked to criminal information systems that track outstanding warrants. If there’s a felony warrant, misdemeanor warrant, or bench warrant, a routine TSA or law enforcement check could flag your existing warrant, leading to potential detention by the relevant authorities.
The likelihood of discovery and arrest from open warrants during domestic flights and international flights also depends on the type of active warrant, the level of security screening at the airport, and coordination between airport police and local law enforcement agencies. If you have an already active arrest warrant issued for your arrest and need to still fly with it, seek advice from a legal professional before making domestic or international travel plans.
Can You Travel Internationally with a Warrant?
Attempting to travel internationally with an outstanding international arrest warrant can create serious legal problems and legal consequences for your international travel or air travel alone. International airports conduct thorough security checks using both international databases and national databases of major crimes, such as Interpol’s records. If a serious, international warrant or arrest warrant involves severe charges, border control agents or airport officials may detain you upon arrival or departure from other international organizations.
Countries with extradition agreements may detain individuals with existing warrants and initiate legal proceedings to return them to their home country. Given the risks associated with flying with an active warrant domestically or internationally, you will need legal assistance from an experienced lawyer before starting the passport application process or visiting an airport.
Air Travel and Security Checks
Air travel security measures are designed to ensure passenger safety and may involve checking legal records and verifying identification, including warrants. Identification documents presented at TSA checkpoints are often cross-referenced with various national and international law enforcement databases, such as the FBI’s National Crime Information Center (NCIC).
If a warrant is detected during these security checks, local law enforcement agencies, relevant authorities within the airport or even airport security may be alerted. That can potentially lead to an arrest and extradition proceedings where necessary.
Risks at Departure and Arrival Airports
Traveling from airports with an active federal arrest warrant carries risks at both departure and arrival airports. The primary risk is being flagged during the security screening process and arrested before boarding. Even if you successfully pass initial security checks, arrival procedures in another state or country may involve additional identification verification, increasing the likelihood of detection if an active federal warrant for your arrest is flagged.
The jurisdiction, severity of the offense, and law enforcement cooperation between regions and the destination country all play a role in the legal process of determining whether you will be detained upon arrival in the destination country. In some cases, travelers with active warrants may be denied entry into the destination country and returned to the relevant law enforcement authorities in their place of origin.
