Using Someone Else's Ticket
Sep 10, 2012, 6:39 pm
#31
Join Date: Jul 2009
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The answer is that it is not allowed, is actually illegal and, at a minimum will subject you to a world of hurt if you are ever caught. For what it's worth, TSA does random secondaries at the gate, often checking ID's just to root this out. At that point, you're standing at the gate with a useless ticket and either purchasing a seat at walk-up fares or slinking away.
What statutory authority does TSA have to set up a suspicionless criminal dragnet at the entrance to an airplane? TSA testified in court there is no obligation to show ID in order to fly, and there is certainly no legal requirement to consent to a warrantless search as requested by a random federal employee with no probable cause, no reasonable suspicion, and most importantly, no law enforcement powers.
Arrested for what? There's no crime, so the police officer would be putting himself at risk for civil suit for false arrest. In my state, at least, the cops can't force me to show ID unless I'm being arrested. <shrug>
Sep 10, 2012, 8:45 pm
#32
Moderator: Manufactured Spending
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The charge would be for "being a stowaway aboard an aircraft". Look up the case of Olajide Oluwaseun Noibi, who was arrested for boarding a plane with a false boarding pass.
Sep 10, 2012, 10:26 pm
#33
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False boarding pass used by him on the day of his being considered a "stowaway", or real boarding passes, perhaps with some doctored elements, used by him to board with an actual eticket that was even accepted by the airline for check-in and/or flying absent arrest?
Sep 11, 2012, 12:03 am
#34
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Mr. Noibi was able to plead guilty and get away with paying $950 in damages to VA and time served.
http://www.nbclosangeles.com/news/lo...126870048.html
An apparently homeless Nigerian-American man has agreed to plead guilty Tuesday to stowing away on a flight from New York to Los Angeles, federal prosecutors said Friday.
According to a signed agreement with prosecutors, 24-year-old Olajide Oluwaseun Noibi will enter his plea in Los Angeles federal court to one felony count that could land him in prison for up to five years.
He has also agreed to pay $942 restitution to Virgin America for the cost of the cross-country flight, according to the agreement.
In exchange for the plea, prosecutors will drop a second felony charge that Noibi attempted to use a fake identity to enter a secure area at Los Angeles International Airport, court documents show.
<snip>
At the bail hearing, federal public defense attorney Carl Gunn said the accusations against his client amounted to little more than "theft of an airplane flight."
According to a signed agreement with prosecutors, 24-year-old Olajide Oluwaseun Noibi will enter his plea in Los Angeles federal court to one felony count that could land him in prison for up to five years.
He has also agreed to pay $942 restitution to Virgin America for the cost of the cross-country flight, according to the agreement.
In exchange for the plea, prosecutors will drop a second felony charge that Noibi attempted to use a fake identity to enter a secure area at Los Angeles International Airport, court documents show.
<snip>
At the bail hearing, federal public defense attorney Carl Gunn said the accusations against his client amounted to little more than "theft of an airplane flight."
Sep 11, 2012, 12:36 am
#35
Moderator: Manufactured Spending
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In exchange for the plea, prosecutors will drop a second felony charge that Noibi attempted to use a fake identity to enter a secure area at Los Angeles International Airport, court documents show.
Sep 11, 2012, 10:19 am
#36
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http://documents.latimes.com/fbi-aff...line-stowaway/
Here is the sentencing document, and apparently you can buy additional info:
http://ca.findacase.com/research/wfr...204.CCA.htm/qx
http://newsandinsight.thomsonreuters...stowaway_case/
The case is USA v. Noibi, U.S. District Court, Central District of California, No. 2:11-cr-641
http://www.sfgate.com/news/article/S...on-2365981.php
Noibi has dual citizenship in the U.S. and Nigeria. Investigators were looking into whether he had any terrorist links in that country. However, asked if any terrorism charges would be filed, Thom Mrozek, a spokesman for the U.S. attorney's office said, "We've made no allegations other than he was a stowaway."
<snip>
The TSA said in a statement the officer who reviewed Noibi's travel documents "did not identify that (he) was traveling with improper travel documents." The agency maintained he received the same thorough physical screening as other passengers.
<snip>
The TSA said in a statement the officer who reviewed Noibi's travel documents "did not identify that (he) was traveling with improper travel documents." The agency maintained he received the same thorough physical screening as other passengers.
Last edited by janetdoe; Sep 11, 2012 at 10:44 am
Sep 11, 2012, 10:47 am
#37
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INDICTMENT
18 U.S.C. 2199: STOWAWAY ABOARD AN AIRCRAFT.
18 U.S.C. 1036(a)(4),(b)(1): ATTEMPTED ENTRY BY FALSE PRETENSE TO SECURE AREA OF AIRPORT.
http://webcache.googleusercontent.co...2578cc00674dda
Sep 11, 2012, 10:50 am
#38
Join Date: Sep 2010
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Have you ever heard the phrase: "a grand jury would 'indict a ham sandwich,' if that's what you wanted"
The process of handing the gate agent a boarding pass in the name of another person is fraud or theft of services or any of a number of offenses you could be charged with. You may be looking for loopholes in the "stowaway" law, but it's real easy to charge you with any of the offenses I mentioned.
The process of handing the gate agent a boarding pass in the name of another person is fraud or theft of services or any of a number of offenses you could be charged with. You may be looking for loopholes in the "stowaway" law, but it's real easy to charge you with any of the offenses I mentioned.
Sep 11, 2012, 12:16 pm
#39
Join Date: Apr 2003
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Big difference between a civil fine of a few thousand $ and a "five-year federal felony" as suggested by another poster.
Sep 11, 2012, 12:48 pm
#40
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(1) a fine under this title or imprisonment for not more than 10 years, or both, if the offense is committed with the intent to commit a felony; or
(2) a fine under this title or imprisonment for not more than 6 months, or both, in any other case.
(2) a fine under this title or imprisonment for not more than 6 months, or both, in any other case.
Sep 11, 2012, 5:50 pm
#41
Moderator: Manufactured Spending
Join Date: Jul 2011
Posts: 6,580
Here, I found it.
(a) Whoever, by any fraud or false pretense, enters or attempts to enter--
``(1) any real property belonging in whole or in part to, or leased by, the United States;
``(2) any vessel or aircraft belonging in whole or in part to, or leased by, the United States; or
``(3) any secure area of any airport,
shall be punished as provided in subsection (b) of this section.
``(b) The punishment for an offense under subsection (a) of this section is--
``(1) a fine under this title or imprisonment for not more than 5 years, or both, if the offense is committed with the intent to commit a felony; or
``(2) a fine under this title or imprisonment for not more than 6 months, or both, in any other case.
``(c) As used in this section--
``(1) the term `secure area' means an area access to which is restricted by the airport authority or a public agency; and
``(2) the term `airport' has the meaning given such term in section 47102 of title 49.''.
http://www.gpo.gov/fdsys/pkg/PLAW-10...106publ547.htm
In other words, 6 month imprisonment if you even attempt to enter a secure area with a fake document, or 5 years if you do it with intent to commit a felony. This is certainly a criminal and not a civil matter.
(a) Whoever, by any fraud or false pretense, enters or attempts to enter--
``(1) any real property belonging in whole or in part to, or leased by, the United States;
``(2) any vessel or aircraft belonging in whole or in part to, or leased by, the United States; or
``(3) any secure area of any airport,
shall be punished as provided in subsection (b) of this section.
``(b) The punishment for an offense under subsection (a) of this section is--
``(1) a fine under this title or imprisonment for not more than 5 years, or both, if the offense is committed with the intent to commit a felony; or
``(2) a fine under this title or imprisonment for not more than 6 months, or both, in any other case.
``(c) As used in this section--
``(1) the term `secure area' means an area access to which is restricted by the airport authority or a public agency; and
``(2) the term `airport' has the meaning given such term in section 47102 of title 49.''.
http://www.gpo.gov/fdsys/pkg/PLAW-10...106publ547.htm
In other words, 6 month imprisonment if you even attempt to enter a secure area with a fake document, or 5 years if you do it with intent to commit a felony. This is certainly a criminal and not a civil matter.
Sep 11, 2012, 6:29 pm
#42
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After which, one boards the plane presenting a boarding pass to a gate agent (airline employee) and flies to their destination. No lying, misrepresenting, or otherwise falsifying anything to any government agent or official.
Sep 12, 2012, 1:35 am
#43
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Isn't the situation described in this thread in in which the entrance to the secure area is done with a real document, i.e. gate pass, club membership, or refundable airline ticket in your own name?
After which, one boards the plane presenting a boarding pass to a gate agent (airline employee) and flies to their destination. No lying, misrepresenting, or otherwise falsifying anything to any government agent or official.
After which, one boards the plane presenting a boarding pass to a gate agent (airline employee) and flies to their destination. No lying, misrepresenting, or otherwise falsifying anything to any government agent or official.
Sep 12, 2012, 11:43 am
#44
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This is interesting, because the "stowaway" law might be read to apply to someone using another's ticket, based on lack of "consent" from the airline to carry that passenger. I.e., they consent to carry only the named passenger, and not another.
http://www.law.cornell.edu/uscode/text/18/2199
18 U.S.C. Section 2199. Whoever, without the consent of the owner, charterer, master, or person in command of any vessel, or aircraft, with intent to obtain transportation, boards, enters or secretes himself aboard such vessel or aircraft and is thereon at the time of departure of said vessel or aircraft from a port, harbor, wharf, airport or other place within the jurisdiction of the United States; or
Whoever, with like intent, having boarded, entered or secreted himself aboard a vessel or aircraft at any place within or without the jurisdiction of the United States, remains aboard after the vessel or aircraft has left such place and is thereon at any place within the jurisdiction of the United States; or
Whoever, with intent to obtain a ride or transportation, boards or enters any aircraft owned or operated by the United States without the consent of the person in command or other duly authorized officer or agent—
(1) shall be fined under this title, imprisoned not more than 5 years, or both;
(2) if the person commits an act proscribed by this section, with the intent to commit serious bodily injury, and serious bodily injury occurs (as defined under section 1365, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242) to any person other than a participant as a result of a violation of this section, shall be fined under this title or imprisoned not more than 20 years, or both; and
(3) if an individual commits an act proscribed by this section, with the intent to cause death, and if the death of any person other than a participant occurs as a result of a violation of this section, shall be fined under this title, imprisoned for any number of years or for life, or both.
The word “aircraft” as used in this section includes any contrivance for navigation or flight in the air.
Whoever, with like intent, having boarded, entered or secreted himself aboard a vessel or aircraft at any place within or without the jurisdiction of the United States, remains aboard after the vessel or aircraft has left such place and is thereon at any place within the jurisdiction of the United States; or
Whoever, with intent to obtain a ride or transportation, boards or enters any aircraft owned or operated by the United States without the consent of the person in command or other duly authorized officer or agent—
(1) shall be fined under this title, imprisoned not more than 5 years, or both;
(2) if the person commits an act proscribed by this section, with the intent to commit serious bodily injury, and serious bodily injury occurs (as defined under section 1365, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242) to any person other than a participant as a result of a violation of this section, shall be fined under this title or imprisoned not more than 20 years, or both; and
(3) if an individual commits an act proscribed by this section, with the intent to cause death, and if the death of any person other than a participant occurs as a result of a violation of this section, shall be fined under this title, imprisoned for any number of years or for life, or both.
The word “aircraft” as used in this section includes any contrivance for navigation or flight in the air.
Sep 12, 2012, 2:20 pm
#45
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This is interesting, because the "stowaway" law might be read to apply to someone using another's ticket, based on lack of "consent" from the airline to carry that passenger. I.e., they consent to carry only the named passenger, and not another.
http://www.law.cornell.edu/uscode/text/18/2199
http://www.law.cornell.edu/uscode/text/18/2199
Take the situation of lap child infants on international flights. Sometimes they fly without a ticket even when a ticket is generally required for the booked itinerary and the infant's adult companions make repeated effort to buy the tickets for the lap child infant. Who is an unlawful stowaway in such situation? It is not clear beyond a reasonable doubt that there was intent to be a stowaway. Much the same for someone who may buy concert or sport tickets from an out-of-state ticket scalper for an event where it is claimed that ticket resales are prohibited.
The government making a criminal case out of a civil contract term violations further opens a can of worms that makes just about every one of the age of majority into a potential criminal prosecution target .... all at the whims of the government. Not a good thing IMO.