Yes, you can be arrested at an airport. Airports are public places, and the same laws apply to them as to other public areas or high-security environments. If you have committed a crime or have an outstanding arrest warrant, law enforcement officers can arrest you at the airport.
Below are some common reasons for arrest at an airport that require the assistance of experienced criminal defense attorneys:
Outstanding Arrest Warrant: If you have an outstanding warrant for a crime, you can be arrested at an airport upon an international flight or domestic flight arrival, or departure.
Security Violations: If you violate airport security regulations or laws, such traffic violations as drug trafficking, carrying prohibited items, or misbehaving, airport police, security checkpoint personnel, or local law enforcement officers can arrest you.
Immigration Law Violations: If immigration officials say you have violated immigration laws, such as overstaying your visa or entering the country illegally, immigration officers may arrest you at the airport.
Airport arrests may lead to severe criminal charges, but you have the same rights as in any other situation, including the right to remain silent and access legal counsel. It’s important to remember that airports are secure facilities, and any violation may have a significant impact, including arrest and criminal prosecution.
Can You Get Arrested at the Airport If You Have a Warrant?
Yes, if you have an outstanding warrant, active felony warrant, or outstanding misdemeanor warrant for a crime, you can be detained at the airport. Law enforcement officers have the right to do warrant checks and arrest individuals with outstanding active warrants at any time, including when entering or leaving the country through the airport.
When you pass through an airport security checkpoint, your identity documents may be checked against a database of individuals with outstanding warrants. If your name is found in the database during warrant checks, it will result in the immediate arrest of the person by law enforcement officers and airport police.
It is important to note that if you have an arrest warrant, it is always better to voluntarily appear before law enforcement authorities, and present the warrant. Voluntary surrender can help you avoid potential embarrassment and disruption during an airport arrest or at another inconvenient time and place. Additionally, cooperating with law enforcement authorities and agencies may help you receive more favorable treatment during court proceedings.
What Happens If You Get Arrested at the Airport?
If you are arrested or detained at the airport, law enforcement officers will take you into custody and transport you to a local airport police station or airport detention facility. The exact procedures may vary depending on the legal system and the location and circumstances of the airport arrest itself, but the following steps generally occur:
Detention: After the arrest, you will be taken to a detention center where you will remain until a bail hearing or further legal proceedings. During this time, you will undergo a procedure that includes identification verification, fingerprinting, photographing, and gathering other personal information.
Charges Filed: During the charging process for federal crimes, you will appear before a judge who will inform you of the charges against you and your legal rights. The judge may also set bail or release you on conditions.
Court Proceedings: If you are charged with a crime, you will go through the legal and criminal defense attorney process, which may include a trial, plea negotiations, or other serious legal process proceedings. As such, you need a strong legal defense strategy from an experienced lawyer or criminal defense attorney to limit the serious potential consequences and legal consequences of federal crimes and your actions.
Sentencing: If found guilty, the judge will issue a sentence. Depending on the severity of the criminal offense, the sentence may include fines, probation, community service, or imprisonment.
If you have concerns about an outstanding arrest warrant or your legal status, it is always best to seek advice and legal representation from an experienced criminal and legal or criminal defense attorney first, who can, for free case review, guide you through the legal process and advise on the best course of action.
Arrest at the Border
In recent years, the number of arrests at international airports along the border has increased. Many airport arrest cases occur when customs enforcement or someone attempts to cross the border without proper documents. However, border arrests can also happen due to drug possession or attempting to smuggle other contrabands into the country.
In some cases, individuals arrested at the border without proper documentation are handed over to immigration authorities and may face deportation. However, if federal agents say someone has committed serious crimes, they may be prosecuted and sentenced to prison. Therefore, it is important to be aware of the legal consequences and risks before attempting to cross the border without proper documents.
Temporary Arrest
Temporary arrest of a suspect at the airport is carried out by border service officers issuing state will. Their customs enforcement actions must be regulated by the “Procedure for Actions of State Border Service Officers and National Police Bodies of Ukraine,” which was approved by an order issued by the Ministry of Internal Affairs.
The procedure for airport arrest by Interpol consists of several key stages:
– The temporary detention of the suspect is carried out in accordance with paragraphs 2.3 – 2.8 of section II of the “Instruction on the Procedure for Actions of Officers of State Border Protection Units.” A detention report will also be prepared.
– The individual will be placed under guard until the arrival of police officers.
– Upon the arrival of the police, the individual will be immediately handed over, along with the prepared report.
– The shift supervisor notifies the prosecutor and the on-duty officer of the Main (Regional) Center about the detention of the person based on Interpol’s instructions.
– After receiving notification that Interpol is searching for this person in a particular country, the prosecutor must thoroughly review all information to ensure the legality of actions. The next step is to make a legal document and prepare a notice to the regional prosecutor’s office.
Within the first 60 hours after an airport arrest by Interpol, regional prosecutors are required to prepare a notification to the relevant central body of Ukraine. The latter must, within the first three days after the airport detention, inform the competent authority of the country that filed the request to Interpol.
The person attempting to cross the border will be taken to court within 60 hours to consider a specific petition:
– Temporary arrest of the person, provided there is no active warrant and no extradition request from Interpol.
– Extradition arrest of the person, provided court date where an extradition request has been valid passport received from immigration authorities in a specific country.
At this stage, the extradition request is typically not yet available. Therefore, the prosecutor’s task is to check an existing bench warrant and file a request to the court for an existing warrant for a temporary arrest of up to 40 days before an international flight. The court has 72 hours from the moment of the bench warrant and the suspect’s detention at the airport at Interpol’s direction to review the bench warrant request. As a result, a final verdict will be issued: either temporary arrest for the specified period or release of the suspect if no further detention grounds exist.
Reasons for Refusing Temporary Arrest
According to Part 6 of Article 583 of the Criminal Procedure Code of Ukraine, if a person is wanted by Interpol internationally, other preventive measures, such as bail or house arrest, are not considered during their immediate detention at the airport. Thus, the judge chooses between two possible preventive measures during immediate airport arrest cases: temporary arrest or release.
The main grounds for such a decision include the following:
- After the arrest at the airport by Interpol, it was determined that the suspect is a citizen of Ukraine.
- Upon reviewing the suspect’s case, it was found that the crime committed by them does not entail imprisonment under Ukrainian law.
- The extradition process contradicts Ukraine’s obligations under previously adopted and signed international treaties, or conflicts with national security interests.
- If the statute of limitations for prosecuting the individual has expired under Ukrainian law. This also includes the expiration of the statute of limitations for executing a sentence for the crime.
- The central authority of Ukraine received a refusal from the competent authorities of the other country in response to a request to provide additional documents or materials necessary for the final decision regarding the extradition process.
Furthermore, extradition cannot be applied to refugees or individuals in need of temporary protection in Ukraine. If the suspect’s health, freedom, or life is threatened for various reasons (e.g., religion, race, membership in specific social groups, etc.), extradition is also deemed impossible. Exceptions to these rules are outlined in Ukraine’s international agreements.
Read our article on how you can discover Interpol wants you
