The extraction of unruly or even dangerous criminals from crowded, commercial airliners is not an everyday occurrence for an airport officer, although it happens all too frequently. It is a high-liability, high-visibility duty not regularly addressed in training, but it calls for specialized tactics that are well thought out.
Arrests and detentions may be for federal crimes, such as interfering with the flight crew, or enforcing state laws, such as simple battery or indecent exposure. Anonymous tips regarding arriving passengers with outstanding arrest warrants or drug possession also require law enforcement action. When confronted by police, suspects sometimes unreasonably refuse to leave their seats.
Tactical guidelines and a planned response are needed for a competent suspect contact prior to any enforcement action. Included should be guidelines regarding what constitutes criminal law violations vs. federal regulations, hazard identification, controlling passenger egress and crew actions, as well as the forceful extraction of resistive suspects from the aircraft. Finally, documentation of victim and witness account, and the officer's reactions to the suspect's resistance is crucial.
Due to the number of persons involved in the communication chain (from flight attendant to the pilot to the tower or airline ground staff to public safety communication officer), it can be difficult to obtain accurate information regarding the assistance requested. The airline ground staff should be contacted by responding officers as early as possible for clarification and detail.
Determination by officers of the exact nature of the complaint is crucial for liability reasons. Smoking on a non-smoking flight or failure to fasten a seat belt or operating unauthorized electronic equipment are not criminal matters.
The FAA does not expect or even recommend a response by law enforcement for such incidents (see the FAA Advisory Circular #120-65, page 7, 10/18/96). Often airline management and air crews do not understand this. Their company procedures may call for pilots to summon officers if the subject does not cooperate by providing sufficient information for the flight crew to fill out the appropriate incident report forms.
Officers must understand their role in this process is to keep the peace only. There is no valid core transaction (a suspected violation of a codified criminal statute) in a civil situation, and any force used by an officer to effect an arrest or detention will be deemed unlawful.
More Serious Violations
In an actual federal or state violation is at issue, a detention is certainly called for. Most state laws should provide for jurisdiction to act, even if the crime occurred, for example, immediately after takeoff from New York and the aircraft lands in California (officers are encouraged to research their own state laws regarding their jurisdiction of crimes occurring in flight).
Typically, officers are notified of a problem by the flight crew before the aircraft lands. The name, current seat number, physical description, and the description of any companion(s) should be obtained. Officers should ask the ground supervisor to advise the flight crew to direct all passengers to remain seated until further notice. No mention of officers coming on board should be announced.
Once the aircraft lands, a minimum of two, and preferably three or more officers should meet the plane as it taxis to the jetway/disembarking area. The officers' first objective, after determining there is no immediate safety need, is to identify the subject in question and determine the exact nature of the problem (civil or criminal). If criminal, the officer in charge should instruct the lead flight attendant to again instruct the passengers to stay seated until further notice. The officers can then deploy for their enforcement efforts.
If a third officer is available, that officer remains at the open passenger door with the lead flight attendant. This officer's task is to control announcements made by the flight attendant to prevent escape should the subject bolt away from the arrest team. (If the subject should escape onto the aircraft operating area (AOA), officers will not pursue, but should notify airport controllers, set up a large perimeter and search when safe.)
Prior to moving to the suspect's location, arrest team officers should remove their side-handled or straight batons from their duty belts. There is no occasion to use them in such crowded circumstances and they will only get hung up on seats and potentially injure uninvolved passengers. These can be given to the flight crew for safe keeping.
The arrest team will move directly to the suspect's location. If she or he complies, the contact officer should ask about and recover carry-on luggage and other items belonging to the suspect. The suspect is then directed to exit the plane, with both officers following. All transactions with the cooperative suspect should be performed inside the terminal, not in the jetway or AOA. This eliminates the hazards posed by other deplaning passengers.
Once the suspect is off the aircraft and all victims and witnesses are identified, the third officer can tell the flight attendant to allow the remaining passengers to disembark.
If the suspect refuses to comply with requests to exit, he or she will require extraction. If the other passengers are released and stand up, attempting to crowd past officers, the situation quickly becomes untenable. Any physical confrontation with passengers crowding to exit will often result in multiple injuries and a donnybrook in the cinematic proportion of a Mel Brooks movie, although with a much less humorous climax.
Time is also a pressing problem for officers. Normally, officers are encouraged to talk with a subject for as long as it appears to be tactically viable. The problem here is that other passengers, who may need to catch connecting flights, may not comply with directions to stay seated for what they may see as an unreasonable time. Action must be taken quickly, however, once it is determined the suspect is uncooperative. At this point, the two officers individually ask all the passengers immediately adjacent to the suspect to move to the rear of the aircraft. This gives the officers operating room without endangering other passengers.