If you have a case pending or an arrest coming down the pike, there may be a warrant out for you. This can put some restrictions and complications on your life, including making travel more difficult.
You can technically fly if there is an open warrant for your arrest, but there are risks. Can you try to flee the country to dodge an arrest warrant? No, our lawyers cannot recommend that. But can you fly if you have an active bench warrant or an open arrest warrant? Technically, yes, though you might risk getting arrested at the airport or somewhere else.
In any case, always call a lawyer for help with a warrant. Contact Kenny, Burns & McGill’s Philadelphia criminal defense lawyers for a free case review at (215) 423-5500.
Can I Fly with an Active Arrest Warrant?
The existence of an arrest warrant does not automatically stop you from flying, but it may lead to your arrest if they know they can find you at the airport.
How Criminal Arrest Warrants Are Issued
An arrest warrant is the result of a criminal investigation. The police start an investigation, have a subject in mind, and get permission from a court to arrest them.
To get this warrant, they must submit an affidavit showing they have probable cause that this person was responsible for the crime, and an arrest warrant allows them to take the subject into custody.
How Do Police Execute Arrest Warrants?
Unless the police department with a warrant has asked the police at the airport to help look for you, there is no reason TSA or other airport staff should be trying to arrest you.
However, an arrest warrant does allow the police to arrest the named person anywhere they can be found. If they get a search warrant, they can also arrest you in your house.
Otherwise, police often wait at any public location they think they can find you, such as your work. If they know you have a trip planned, they may try to arrest you at the airport.
Can You Fly?
In many cases, you might not know there is an arrest warrant for you, so you wouldn’t be able to factor it into your decision to fly either way.
If you have been working with a Pennsylvania criminal defense lawyer and cooperating with the investigation, you may be given a heads-up about the arrest warrant and a chance to turn yourself in peacefully.
Talk to your lawyer about dealing with your charges first, so it does not look like you are fleeing or avoiding the case.
Is It Illegal to Run from a Warrant?
You should never run from an arrest warrant, as this can lead to dangerous police encounters and even a potential manhunt, should the charges against you be serious enough. If police think you are fleeing from an arrest, they might get other police departments involved in the search, too.
Manhunts often look for the subject of the arrest warrant at travel hubs like airports.
Instead of running and making things more dangerous, again, talk to a lawyer about surrendering peacefully.
Can I Fly with an Active Bench Warrant?
Bench warrants are a bit different and might not stop you from flying, per se, but they might indicate other restrictions on your ability to fly.
A bench warrant is issued as part of a case that is already ongoing. Most commonly, judges issue bench warrants when you fail to appear at a scheduled court date. This allows any officer who finds you to arrest you and bring you back to court.
If any officer you happen to encounter out in public runs a warrant check and finds the bench warrant, they can arrest you. That includes any potential police encounters at the airport or on the way there.
Do Bench Warrants and Bail Conditions Stop Me from Flying?
Often, the court date you missed to get a bench warrant is not your first court date for that case. If you have already been given bail or released on your own recognizance and told to return for your next court date, then you are likely under bail conditions.
These bail conditions often have a travel restriction. They might say you can’t leave the state or the country, but they might allow you to travel within Pennsylvania.
In any case, the fact that there is a bench warrant shows you may have already violated your bail terms, and you should probably not press your luck any further. Before you go anywhere, call a defense lawyer about rescheduling your court date and getting the warrant cleared.
Will They Run a Warrant Check at the Airport?
TSA and airport security do not usually run warrant checks. However, if the police stop you for a suspicious bag or pull you over for speeding at the airport, they could run a warrant check and arrest you.
Is it Safe to Travel with an Active Warrant?
Generally, you should consider taking care of the warrant before you fly. You never know when you will have an encounter with a police officer who can run a bench warrant check and arrest you.
This might even happen once you are out of state, and then it becomes a bigger process for the police to hold you, transport you back to Pennsylvania, and schedule you for a new hearing.
Should I Clear a Warrant Before Flying?
If you have an arrest warrant out for you, getting it cleared is unlikely. Our lawyers may be able to turn over evidence to clear your name, but if they are still determined to arrest you, they will. You should take care of the charges before traveling, or else it might look like you are fleeing.
It’s similar with a bench warrant, except you may already face formal restrictions on travel as part of your bail terms. If those restrictions are still in place, then you should not travel.
In either case, it is probably best to take care of the case against you first, get your name cleared, and then resume your travels when the risks are gone.
Call Our Criminal Defense Lawyers in Pennsylvania Today
For a free case review, call our Delaware County, PA criminal defense attorneys at Kenny, Burns & McGill at (215) 423-5500 before you fly.
