Los Angeles Airport Offense Attorney

An arrest at Los Angeles International Airport (LAX) or any of the region’s commercial hubs, Hollywood-Burbank, Long Beach, Ontario, or John Wayne, immediately triggers a tangle of overlapping federal and state rules that do not exist in an ordinary street arrest.

• Dual sovereignty: TSA officers enforce federal regulations (49 U.S.C. § 44901 et seq.), while the Los Angeles Airport Police Division and local sheriffs apply California’s Penal and Health & Safety Codes.
• Enhanced search authority: Courts recognize “administrative” airport screening under United States v. Davis, 482 F.2d 893 (9th Cir. 1973), yet the Fourth Amendment still forbids searches that exceed the narrow aviation-security purpose. The moment that purpose is exceeded, traditional probable-cause rules apply.
• Venue quirks: Nearly every misdemeanor that originates inside LAX is filed at the Airport Courthouse (11701 S. La Cienega Blvd.), a venue with prosecutors who often handle transportation-related offenses and who therefore rarely offer “standard” deals unless counsel intervenes early.

• Possession of controlled substance
  • Statute: H&S § 11350 (opiates), § 11377 (stimulants), § 11357 (cannabis limits)
  • Quantities under 28.5 g of cannabis flower or under 8 g of concentrate are infractions under Prop 64. However, federal law still prohibits marijuana on aircraft.
    
• Carrying a firearm in a “sterile area”
  • Statute: P.C. § 171.5
  • Applies even if the firearm is lawfully registered; intent does not matter.
    
• Concealed firearm in luggage
  • Statute: P.C. § 25400
  • TSA typically refers these cases to LAPD or Airport Police; district attorneys often add a charge under § 25850 (loaded firearm).
    
• Prohibited weapons (e.g., switchblades, brass knuckles)
  • Statute: P.C. § 16590 series
  • Previously covered under § 12020; now reorganized into the § 16590 series.
    
• Possession of fireworks or explosives
  • Statute: 49 U.S.C. § 46505; P.C. § 18710
  • Considered a federal felony if found during screening; a state felony if found in a “public transit facility.”
    
• False bomb threat or hoax device
  • Statute: P.C. § 148.1(c)
  • Classified as “wobblers” (can be charged as either misdemeanor or felony); restitution for airport shutdowns can exceed six figures.
    
• Interference with TSA screening
  • Statute: 49 C.F.R. § 1540.109
  • Subject to a civil fine of up to $13,910 per violation; may also be prosecuted as a federal misdemeanor.
    

The Davis line of cases makes accidental possession irrelevant to the legal elements; prosecutors need only prove knowing possession of the bag that contained the contraband. The burden then shifts to the defense to show:

• Lack of knowledge (e.g., someone else packed the bag).
• Mistake of law is no defense except for extremely rare “reasonable reliance on official statement” situations (People v. Beaudrie, 1 Cal. App.4th 1880).

Early video surveillance capture from the Transportation Security Operations Center can be decisive. A preservation letter should be sent within 24 hours, or the footage will be overwritten.

• Misdemeanors (e.g., P.C. § 171.5) carry up to six months in jail and $1,000 fines, but most defendants face first-time-offender probation, community service, or a CBP “airport watch-list” notation.
• Felonies (e.g., H&S § 11350 with prior) may trigger state prison, but the bigger danger is a federal indictment under 21 U.S.C. § 844 or 49 U.S.C. § 46505, which can add 10 years or more.
• Global Entry / TSA: A single firearm detention usually produces a revocation letter within 30 days.
• Immigration impact: INA § 237(a)(2)(B) makes simple possession of a controlled substance (other than < 30 g marijuana) a deportable offense; firearm convictions are deportable per se.
• Professional licensing: Pilots, nurses, and attorneys must report airport arrests in many jurisdictions—often within 30 days—regardless of ultimate disposition.

• Search-and-seizure challenges. Although primary screening is exempt from warrants, secondary or “investigative” searches are not. The Ninth Circuit repeatedly holds that once TSA’s objective safety concern is satisfied, further rummaging requires probable cause (United States v. Fawaz, 881 F.3d 792 (9th Cir. 2018)). Suppression motions under P.C. § 1538.5 remain powerful.
• Lack of “sterile-area” element. The sterile area begins only after the checkpoint. If the arrest occurs in the ticketing lobby, for example, during an argument with airline staff—P.C. § 171.5 does not apply; prosecutors must resort to generic weapons charges, often wobblers the defense can reduce.
• Transportation exception. Federal firearm regulations allow unloaded firearms in checked baggage if:
• Locked hard-sided case
• Declared to the airline.

A defendant who follows those steps but is wrongly arrested in the lobby may obtain a civil-rights claim under 42 U.S.C. § 1983 and leverage dismissal.

• Statutory diversion
  • P.C. § 1000 (pretrial drug diversion) now extends to minor airport drug possession.
  • PC § 1001.95 misdemeanor diversion lets judges, over the DA’s objection, dismiss airport firearm misdemeanors upon completing counseling and community service.
  • P.C. § 1001.36 mental-health diversion is increasingly accepted for passengers whose PTSD or anxiety disorder contributed to disruptive conduct.
• Federal declination letters. Because U.S. Attorneys have limited resources, persuasive pre-filing packets—including proof of lawful firearms ownership, character letters, and evidence of lack of intent—often secure a “declination” so the matter stays in state court, where alternatives to conviction exist.

• TSA discovery: “Code Pink” call to Airport Police.
• Citation or transport to Pacific Station (for misdemeanors) or 77th Street Jail (for felonies).
• Release: Cite-out for most misdemeanors if California ID is verified; bail schedules apply for felonies.
• First appearance at the Airport Courthouse within 48 court hours. Out-of-state visitors risk bench warrants if they fail to return; local counsel can often appear under P.C. § 977(a).

A single act (e.g., a handgun in a carry-on) may violate both P.C. § 171.5 and 49 U.S.C. § 46505. Under the dual-sovereignty doctrine (Gamble v. United States, 139 S.Ct. 1960 (2019)), California dismissal does not bar a later federal case. Selecting the proper forum early, through negotiation with the Airport Task Force, can make the difference between misdemeanor probation and a felony record.

California law allows adults to carry limited cannabis, but:

• Federal law classifies marijuana as Schedule I.
• The moment you pass a TSA screening point, you engage in interstate commerce, even on a domestic flight.
• Because LAX sits on federally regulated property, TSA follows federal law and triggers LAPD involvement.

Travelers with a valid California physician recommendation may still be cited if the THC weight exceeds 8 grams of concentrate or 28.5 grams of flower. “Cannabis oil pens” often exceed the concentrate limit; lab analysis is rarely performed on-site, so officers book the entire cartridge weight.

After case resolution:

• P.C. § 1203.4 expungement for misdemeanors.
• P.C. § 851.91 sealing if no charges filed.
• Federal record limitation: Even an expungement will not erase you from the FBI’s NCIC until the state transmits the order; counsel should file an NICS challenge form.
• TSA file destruction: A FOIA request within two years of case dismissal can hasten deletion of the incident report from the Transportation Security Clearinghouse.

Civil actions for false arrest or negligent training may be available under the Federal Tort Claims Act if agents exceeded statutory authority.

• Inside knowledge: Founding attorney Michael Kraut served 14 years as a senior Deputy District Attorney.
• 24-hour rapid response: We draft preservation letters to TSA within hours of retaining the video, preventing crucial information from being lost.
• Track record: Recent victories include the dismissal of assault, theft, drug possession, and hit-and-run offenses in and around the LAX airport.
• Personal touch: Clients deal directly with the Kraut Law Group Criminal & DUI Lawyers, Inc. attorneys, minimizing the need for return trips to California.

Every minute after an airport arrest, evidence disappears and options shrink. The prosecution’s specialists are already reviewing TSA reports; you deserve an advocate who knows their playbook. Contact the Kraut Law Group Criminal & DUI Lawyers, Inc., anytime, day or night, for an immediate, confidential consultation.