Can You Travel With Warrants?: Risks & What You Need to Know

Can you travel with warrants? The short answer is: it’s very risky, and generally not advisable. While a warrant doesn’t automatically prevent you from traveling, especially within a state, it significantly increases your chances of encountering law enforcement, especially at airports and border crossings. This article explores the complexities of traveling with a warrant, including the types of warrants, potential consequences, and how to minimize risks.

Types of Warrants and Their Impact on Travel

Not all warrants are created equal. The type of warrant significantly influences the potential for arrest during travel. It’s crucial to discern the difference between state and federal warrants.

State vs. Federal Warrants and Travel

• State Warrants: These are issued by a state court for offenses within that state’s jurisdiction, such as traffic violations, misdemeanors, or state-level felonies. While a state warrant technically only allows for arrest within that specific state, advanced technology and information sharing among law enforcement agencies mean you could potentially be detained in another state.

• Federal Warrants: These are issued by a federal court for violations of federal law, such as drug trafficking, immigration violations, or federal crimes. Federal warrants carry much more weight. They are entered into national databases like the National Crime Information Center (NCIC), making it far more likely you’ll be flagged during any interaction with law enforcement, regardless of the state.

Feature	State Warrant	Federal Warrant
Issuing Authority	State Court	Federal Court
Offenses	State laws (traffic, misdemeanors, felonies)	Federal laws (drug trafficking, immigration)
Geographic Scope	Primarily within the issuing state	Nationwide, entered into national databases (NCIC)
Travel Risk	Lower risk within another state, but possible	High risk of arrest nationwide

Bench Warrants and Arrest Warrants: A Quick Look

Two common types of warrants are bench warrants and arrest warrants:

• Bench Warrant: Typically issued when someone fails to appear in court as ordered.
• Arrest Warrant: Issued when there is probable cause to believe someone has committed a crime.

Both types can lead to arrest, impacting your travel plans.

Fathoming Travel Restrictions with Warrants

Warrants don’t create outright “travel restrictions,” but they substantially raise the risk of interaction with law enforcement during your journey. Certain locations and situations heighten these risks.

Can I Fly With a Warrant?

Flying with a warrant is risky. Airport security warrants are a concern for several reasons:

• TSA and Law Enforcement: While TSA’s primary focus is security screening, they often work closely with law enforcement. A routine check could reveal an outstanding warrant.
• Checking ID: Airlines require identification. The information you provide can be used to verify your identity against law enforcement databases.
• Increased Security: Post 9/11, airport security is heightened. This increases the likelihood of encountering law enforcement.

Crossing Borders with a Warrant

Crossing international borders with a warrant is extremely risky, especially with a federal warrant.

• Interpol: Interpol (the International Criminal Police Organization) facilitates cooperation among police forces of different countries. A federal warrant could trigger an Interpol “red notice,” alerting border officials worldwide.
• Passport Control: Border officials routinely check passports against criminal databases. A warrant can flag your passport.
• Extradition: Depending on the offense and the country you’re in, you could face extradition back to the United States to face charges.

Outstanding Warrant Travel Implications within the US

Even traveling within the United States presents risks:

• Traffic Stops: A routine traffic stop in any state can uncover an outstanding warrant.
• Hotel Check-ins: While less common, some hotels might run ID checks that could reveal a warrant.
• Interstate Travel: Modern law enforcement databases are shared across state lines, increasing the chances of a warrant being discovered.

Deciphering the Consequences of Traveling with a Warrant

The consequences of being apprehended while traveling with a warrant can be severe:

Warrant Arrest at Airport and Other Locations

• Immediate Arrest: You will be arrested and taken into custody.
• Extradition: If arrested in a state different from where the warrant was issued, you may be extradited to face charges. Extradition can be a lengthy and expensive process.
• Legal Fees: You will likely incur legal fees to address the underlying charges and any extradition proceedings.
• Travel Disruption: Your travel plans will be completely disrupted. You may miss flights, lose non-refundable bookings, and face additional expenses to return home.

Jail Time and Fines

• Underlying Charges: You will face the original charges that led to the warrant. These could result in jail time, fines, or both.
• Additional Charges: Depending on the circumstances, you could face additional charges, such as failure to appear in court.

Impact on Future Travel

• Record: An arrest record can impact future travel, especially internationally. Some countries may deny entry to individuals with a criminal record.
• Increased Scrutiny: You may face increased scrutiny from law enforcement during future travels.

Warrant Check Before Travel: Is it Possible?

Before traveling, it’s prudent to determine if you have any outstanding warrants. This information helps you make informed decisions and potentially resolve the issue before attempting to travel.

How to Conduct a Warrant Search

• Contact the Court: The most reliable way to check for warrants is to contact the court(s) in the jurisdiction(s) where you believe a warrant might exist.
• Hire an Attorney: An attorney can conduct a confidential warrant search on your behalf. This avoids alerting law enforcement directly.
• Online Databases: Some jurisdictions offer online warrant search tools. However, these databases may not be comprehensive or up-to-date. Use them with caution.

Table: Pros and Cons of Different Warrant Search Methods

Method	Pros	Cons
Contacting the Court	Most accurate and reliable information.	Directly alerts the court to your inquiry. May result in immediate action if a warrant exists.
Hiring an Attorney	Confidential and protects you from immediate action. Provides legal advice.	Can be expensive.
Online Databases	Convenient and quick.	May not be accurate or up-to-date. Not available in all jurisdictions. May provide incomplete information.

What to Do if You Find a Warrant

If you discover an outstanding warrant, the best course of action is to:

• Consult with an Attorney: An attorney can advise you on the best way to resolve the warrant.
• Contact the Court: Work with your attorney to schedule a court appearance to address the warrant.
• Avoid Travel: Refrain from traveling until the warrant is resolved.

Mitigating the Risks: Tips for Traveling

While traveling with a warrant is generally discouraged, here are a few considerations if you must travel:

• Know Your Rights: Familiarize yourself with your rights when interacting with law enforcement.
• Remain Calm: If stopped by law enforcement, remain calm and cooperative.
• Do Not Resist: Do not resist arrest.
• Request an Attorney: Immediately request to speak with an attorney.
• Carry Documentation: Carry any relevant legal documentation, such as proof of court appearances or resolutions.

It is absolutely crucial to understand that these are merely risk mitigation strategies. They do not eliminate the risk of arrest. The best way to avoid issues is to resolve any outstanding warrants before traveling.

International Travel with a Warrant: A Deeper Dive

Traveling internationally with a warrant presents unique challenges and significantly increases your risk.

Interpol Red Notices

An Interpol Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. A federal warrant, especially for a serious crime, could trigger a Red Notice. This makes international travel extremely difficult, as you could be arrested in virtually any country.

Extradition Treaties

The United States has extradition treaties with many countries. These treaties govern the process of returning individuals to the U.S. to face criminal charges. If you are arrested in a country that has an extradition treaty with the U.S., you could be extradited back to face the charges related to the warrant.

Risks at Immigration and Customs

Immigration and customs officials at international borders have access to international criminal databases. A warrant can flag your passport, leading to questioning, detention, and potential arrest.

Seeking Legal Advice

If you are considering international travel with a warrant, it is crucial to seek legal advice from an attorney specializing in international law and extradition. They can assess your specific situation, advise you on the risks, and potentially assist with resolving the warrant before you travel.

FAQs: Traveling with Warrants

• Can a warrant stop me from getting a passport? While having a warrant won’t automatically prevent you from applying for a passport, it can complicate matters. If the warrant is related to a federal crime, especially one involving international implications (like drug trafficking), your application could be delayed or denied.
• Does TSA check for warrants? TSA’s primary focus is security, not law enforcement. However, they do cooperate with law enforcement and may encounter warrants during routine checks, especially if you are flagged for additional screening.
• Can I travel to Canada with a warrant? Traveling to Canada with a warrant is extremely risky. Canadian border officials have access to U.S. criminal databases. You could be denied entry or arrested at the border.
• What happens if I am arrested on a warrant while traveling? You will be taken into custody and processed according to the laws of the jurisdiction where you were arrested. You may face extradition to the state or jurisdiction where the warrant was issued.
• Is it possible to get a warrant dismissed? Yes, it is possible. Consult with an attorney to determine the best course of action for having the warrant dismissed. This may involve addressing the underlying charges, appearing in court, or negotiating a resolution with the prosecution.

Conclusion

Traveling with a warrant is a gamble with potentially severe consequences. The safest course of action is to resolve any outstanding warrants before attempting to travel. By the end, it is better to be safe, than sorry.