Airline Captain Arrest Powers

propsync

Well-Known Member
Quick questions.

Can an airline captain arrest a passenger he believes has committed a crime aboard the airplane he is PIC on? Does the crime have to be a felony? Does the crime have to be a violation of FARs only? Or is his arrest powers limited to citizens arrest?

Does it matter if the airplane is over the US or over international waters?

Can an airline captain "deputize" passengers to deal with situations on board and if so, are those deputies offered any type of special immunity?

Is the captains authority as PIC similar to a maritime captain?

Thanks for any info, have always wondered about this.
 
Steve, apologize if I didn't ask something correctly, I read the link you supplied and not sure where I went wrong?
 
Quick questions.

Can an airline captain arrest a passenger he believes has committed a crime aboard the airplane he is PIC on? Does the crime have to be a felony? Does the crime have to be a violation of FARs only? Or is his arrest powers limited to citizens arrest?

Does it matter if the airplane is over the US or over international waters?

Can an airline captain "deputize" passengers to deal with situations on board and if so, are those deputies offered any type of special immunity?

Is the captains authority as PIC similar to a maritime captain?

Thanks for any info, have always wondered about this.
The PIC has broad authority to assure the safety of a flight. That authority certainly allows the Captain to take action necessary - for instance - to restrain an unruly passenger. However, you probably do not have the actual power of arrest. The power of arrest is generally vested in a sworn officer. Most states provide - either by common law or by statute - the authority for a citizen to make such an arrest. But aircraft operations are pretty much governed by federal law. I am not aware of any federal statute giving a PIC the authority to arrest. I am also not aware of any such federal common law authority although I will admit that there is considerable history to support the possibility (going all the way back to the common law of England). Generally, the best bet is to take whatever action is necessary keep things safe and have law enforcement waiting when you land.
 
The PIC has broad authority to assure the safety of a flight. That authority certainly allows the Captain to take action necessary - for instance - to restrain an unruly passenger. However, you probably do not have the actual power of arrest. The power of arrest is generally vested in a sworn officer. Most states provide - either by common law or by statute - the authority for a citizen to make such an arrest. But aircraft operations are pretty much governed by federal law. I am not aware of any federal statute giving a PIC the authority to arrest. I am also not aware of any such federal common law authority although I will admit that there is considerable history to support the possibility (going all the way back to the common law of England). Generally, the best bet is to take whatever action is necessary keep things safe and have law enforcement waiting when you land.

Follow up question....and I realize this is unrealistic hypothetical, but I'm genuinely curious....

Is an aircraft over international waters subject to the laws of the home country of the carrier, or is the PIC the ultimate legal authority in those situations?

What I'm thinking of is centuries-old Admiralty law, where the Captain was the absolute authority, and could convene trials and dispense justice while at sea.

Wouldn't happen in this day and age, but I'm curious as to what the law supports?
 
I arrested someone a month ago.. Of course, co-worker rather than passenger.. Storytime if I ever make it to NJC..
 
Follow up question....and I realize this is unrealistic hypothetical, but I'm genuinely curious....

Is an aircraft over international waters subject to the laws of the home country of the carrier, or is the PIC the ultimate legal authority in those situations?

What I'm thinking of is centuries-old Admiralty law, where the Captain was the absolute authority, and could convene trials and dispense justice while at sea.

Wouldn't happen in this day and age, but I'm curious as to what the law supports?
To some extent this is governed by the Tokyo Convention which interestingly is currently being modified by amendments to clarify the law and define what constitutes an offense (in response to a number of high profile incidents with passengers). As I understand it right now, the law currently applied when in international airspace is a somewhat convoluted mix of aircraft registry and the citizenship of the problem person. Honestly, this is not an area I have spent much time in, so take what I am telling you with a very large grain of salt.
 
I arrested someone a month ago.. Of course, co-worker rather than passenger.. Storytime if I ever make it to NJC..
I would be very interested in hearing the story. Did it actually occur in flight? Was it treated as a restraint followed by an arrest on the ground or an arrest in flight? What jurisdiction was applied? If you are willing to share and would prefer not to post here, message me.
 
That authority certainly allows the Captain to take action necessary - for instance - to restrain an unruly passenger. However, you probably do not have the actual power of arrest.

For some reason being arrested sounds easier.

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I arrested someone a month ago.. Of course, co-worker rather than passenger.. Storytime if I ever make it to NJC..

Dude! You HAVE to share this story!!!! You can't throw that out and not give us more of the story.
 
Dude! You HAVE to share this story!!!! You can't throw that out and not give us more of the story.

He would be an absolute fool to post it anywhere electronically.

Consider it "Story Time with Uncle NickH" over beers. If ever. :)
 
Dude! You HAVE to share this story!!!! You can't throw that out and not give us more of the story.

Trust me, it's a better story than you could possibly imagine. Involves class A drugs, Grand Theft Auto and me screaming like a little girl...
 
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