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Arrest Procedures Of Fugitives Onboard Aircraft  
User currently offlineYVRFlyer From Canada, joined Oct 2006, 83 posts, RR: 0
Posted (2 years 11 months 1 week 23 hours ago) and read 1715 times:

With Dominique Strauss-Kahn's arrest at JFK, the police said they came onboard the AF A380 only a few minutes before the doors would have been closed.

As I understand, once the doors close, the airline's nationality's laws prevail, so M. Strauss-Kahn would effectively be "in France".

It hasn't been discussed anywhere else, but what would have happened if the police had arrived after the doors close, or the plane started moving? Since it's not a terrorism case, can the authorities order the plane to return to the gate? Or is that up to the discretion of the captain or airline?

If the plane was in the air, can they legally be ordered to return?


YVRFlyer
6 replies: All unread, jump to last
 
User currently onlineViscount724 From Switzerland, joined Oct 2006, 24083 posts, RR: 22
Reply 1, posted (2 years 11 months 1 week 22 hours ago) and read 1664 times:

Quoting YVRFlyer (Thread starter):
As I understand, once the doors close, the airline's nationality's laws prevail, so M. Strauss-Kahn would effectively be "in France".

It's always been my understanding that as long as the aircraft is still on the ground, the local authorities have full jurisdiction. I don't think it makes any difference whether the doors are open or closed.


User currently offlineMaverick623 From United States of America, joined Nov 2006, 5430 posts, RR: 6
Reply 2, posted (2 years 11 months 1 week 21 hours ago) and read 1605 times:

Quoting YVRFlyer (Thread starter):


As I understand, once the doors close, the airline's nationality's laws prevail, so M. Strauss-Kahn would effectively be "in France".

Absolutely not true. The airplane (and it's occupants) would have been under the jurisdiction of the US until it reached international airspace.

Quoting YVRFlyer (Thread starter):

If the plane was in the air, can they legally be ordered to return?

As long as they were still in US airspace.



"PHX is Phoenix, PDX is the other city" -777Way
User currently offlineweb500sjc From United States of America, joined Sep 2009, 692 posts, RR: 0
Reply 3, posted (2 years 11 months 1 week 21 hours ago) and read 1597 times:

well the tower could not give a takeoff clearence. which by law would keep the airplane on the ground...eventualy causing the door to open and a welcome to the US


the pilot could ignore that denial, and once in the air they wouldnt get any atc help, but atc would keep other aircraft away from the waward jet. but i highly doubt that pilot would be able to fly in the US again, and would probaly loose his whole liscense



Boiler Up!
User currently offlineMaverick623 From United States of America, joined Nov 2006, 5430 posts, RR: 6
Reply 4, posted (2 years 11 months 1 week 21 hours ago) and read 1558 times:

Quoting web500sjc (Reply 3):
well the tower could not give a takeoff clearence. which by law would keep the airplane on the ground...eventualy causing the door to open and a welcome to the US


the pilot could ignore that denial, and once in the air they wouldnt get any atc help, but atc would keep other aircraft away from the waward jet. but i highly doubt that pilot would be able to fly in the US again, and would probaly loose his whole liscense

Read my above post. Jurisdiction is commensurate with physical location, not a door closing.

I assure you any large jet that took off without clearance would receive assistance.... from F-16s.



"PHX is Phoenix, PDX is the other city" -777Way
User currently offlinegoldorak From France, joined Sep 2006, 1778 posts, RR: 4
Reply 5, posted (2 years 11 months 1 week 18 hours ago) and read 1450 times:

Quoting YVRFlyer (Thread starter):
the police said they came onboard the AF A380 only a few minutes before the doors would have been closed.

FYI, it was an A332  


User currently offlinevarig md-11 From France, joined Jul 2000, 1581 posts, RR: 8
Reply 6, posted (2 years 11 months 1 week 18 hours ago) and read 1426 times:

Quoting Maverick623 (Reply 2):
Absolutely not true. The airplane (and it's occupants) would have been under the jurisdiction of the US until it reached international airspace.

Absolutely correct

Quoting web500sjc (Reply 3):
well the tower could not give a takeoff clearence. which by law would keep the airplane on the ground...eventualy causing the door to open and a welcome to the US

That's what happens when a captain want to play smart *ss
I have a real life exemple here in France with TG years ago when the captain closed the doors and decided he goes to BKK no matter what: he was refused T.O clearance by tower and had to come back to the gate



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