Can you get arrested on an airplane?
Technically, you cannot get arrested on an airplane unless a federal officer is present. But this legal definition may be misleading. You see, a commercial airline captain has the same legal status as a boat captain: they can detain you during a flight and hand you over to the authorities when they land.
First and foremost, a couple definitions. An airplane is considered “in flight” from the moment boarding ends and the exterior doors close, to the moment the captain opens the exterior doors at the intended destination to allow passengers to disembark.
“The captain…can put you in restraints for the authorities to pick up on the ground if there is a problem, but the captain can’t ‘arrest’ you in the legal sense of the word.”
Chris Lopinto, Airline expert, Huffington Post
An airplane “in flight” between two destinations in the U.S. is subject to federal laws. Any crimes committed aboard are federal offenses. A federal authority, such as an Air Marshall could arrest a passenger on board. Otherwise, the passenger could only be detained until landing, then handed over to federal authorities who would make the arrest.
What about an airplane “in flight” between countries? According to the Tokyo Convention of 1963, the aircraft captain (also legally called the commander) is allowed to detain a passenger for the authorities to deal with in the country of destination. That said, U.S. federal law could apply if the plane is passing through U.S. airspace, forced to make an emergency landing in the U.S., or its next scheduled departure is from the U.S.
The process for detaining a passenger will depend on the airline, the specific crew, and logistics. And it’s at the pilot’s discretion. Captain Mike Hanna revealed the following:
“Flight crews have specific duties and responsibilities. The cockpit crew cannot afford to have one of the two involved with a large, combative passenger who may have illegal (or prescribed) substances involved and a lackadaisical attitude. With an all female cabin crew, this too might become a dangerous situation. Therefore, it is often the flight attendants who will enlist the aid of some stronger guys to help subdue an out-of-control passenger. There are special restraints aboard to help in this situation.”
Mike Hanna, Pilot and Captain, Quora
A multi-engine-rated commercial pilot named Timothe added to Captain Hanna’s response: “There is no ‘official procedure,’ every passenger unruliness situation is different so crew handle it differently. Usually they try not to get involved and allow the police to handle the situation. If the plane is in the air they will divert to another airport and the police will get them off the flight.”
So will you be called upon to wrestle an angry fellow passenger to the ground during your next flight? Probably not. Timothe concluded, “Passengers also rarely get involved in subduing unruly passengers. The only time this isn’t the case is when someone rushes the flight deck door because people are afraid it could lead to another hijacking.”