ATTY/ Need Help..` When can you be forced to surrender your passport?

[bahia 0]

Can a Magistrate force you to surrender your passport , not giving you any reason or without being charged with a crime or ever having a criminal record, during a civil court hearing. Is this considered Due Process?

Any information would be helpful. Thanks,

[Ban Hammer 13,469]

it sounds like we need more info on this

[mj1987 0]

You dont own the passport the government does.

If you are talking about a US passport and a Federal magistrate then the answer is most likely yes...but see a lawyer where you are to be sure

[bahia 0]

You dont own the passport the government does.

If you are talking about a US passport and a Federal magistrate then the answer is most likely yes...but see a lawyer where you are to be sure

[diadromous mermaid 36]

I'd guess, based on the scant information offered, that a passport can be asked to be surrendered in a number of scenarios. In civil proceedings, if a respondent is a flight risk with a child during custody hearings. Or sometimes it could be applied after a respondent is in contempt of civil court.

[bahia 0]

You dont own the passport the government does.

If you are talking about a US passport and a Federal magistrate then the answer is most likely yes...but see a lawyer where you are to be sure

No, this would not be a Federal Magistrate it would be a Magistrate in a local county court house. Isn't freedom of movement a basic civil right?

[diadromous mermaid 36]

You dont own the passport the government does.

If you are talking about a US passport and a Federal magistrate then the answer is most likely yes...but see a lawyer where you are to be sure

No, this would not be a Federal Magistrate it would be a Magistrate in a local county court house. Isn't freedom of movement a basic civil right?

Why were you, or some other person you are enquiring for, before the Magistrate in the first place? Then, perhaps, we can determine if it was reasonable... It's not often that a judge or magistrate asks for something to be done without the respondent knowing the reason.

[Veiled Princess 1]

No, this would not be a Federal Magistrate it would be a Magistrate in a local county court house. Isn't freedom of movement a basic civil right?

What is the hearing regarding?

[diadromous mermaid 36]

You dont own the passport the government does.

If you are talking about a US passport and a Federal magistrate then the answer is most likely yes...but see a lawyer where you are to be sure

No, this would not be a Federal Magistrate it would be a Magistrate in a local county court house. Isn't freedom of movement a basic civil right?

Basic civil rights can be impinged upon, relative to whether a civilian has followed procedure or not. For example, it's my civil right to drive my car, but if I haven't renewed the registration or my driver's licence, that right can be taken away.

[mj1987 0]

Freedom of movement between the states is a basic civil right, however you dont have a basic civil right to flee the country if a court of competent jurisdiction (state or federal) thinks you may be a flight risk.

[diadromous mermaid 36]

Perhaps bahia wishes not to disclose the circumstances on the board, but without the details it's hard to answer his question. He should PM, in that case.

[*Robert* 2]

I would certainly give up my passport if asked for by legitimate authorities.

[Artegal 1]

A federal or state law enforcement agency may request the denial of a passport on several regulatory grounds under 22 CFR 51.70 and 51.72. The principal law enforcement reasons for passport denial are a federal warrant of arrest, a federal or state criminal court order, a condition of parole or probation forbidding departure from the United States (or the jurisdiction of the court), or a request for extradition. The HHS child support database and the Marshals Service WIN database are checked automatically for entitlement to a passport. Denial or revocation of a passport does not prevent the use of outstanding valid passports.

A request for denial should be in writing (delivered or faxed to the Office of Passport Policy and Advisory Services [address below]), and should include full biodata of the subject, a copy of the warrant of arrest and the name, agency address and phone number of the officer to be contacted. If an application is made, the State Department, in coordination with the requesting agency, will deny issuance of the passport.

Passport revocation may be effected when the person obtained the passport fraudulently, when the passport was issued in error, when the person's certificate of naturalization was cancelled by a federal court, or when the person would not be entitled to a new passport under 22 CFR 51.70 (a) or ( B ). The physical revocation of a passport is often difficult, and an apparently valid passport can be used for travel until officially taken by an arresting officer or by a court.

To request passport revocation, law enforcement should make the request in writing to the Office of Passport Policy & Advisory Services (address below) with the subject's name, including aliases, date and place of birth, social security number, known previous passports, last known address, copies of any court orders or warrants, and contact information.

Revocations are coordinated with the Department of Justice and the requesting agency. A passport will not be revoked when the whereabouts of the bearer is unknown. When there is a passport "hit" on an individual within the United States, based on the request, the interested law enforcement agency will be informed of the person's address so that an arrest can be made.

The requesting agency works with the Department of Justice's Office of International Affairs, Department of State L/LEI, the embassy and the foreign law enforcement establishment to effect the person's return to the United States.

When a subject is routinely apprehended and has a passport, the passport may be retained by the law enforcement agency for evidentiary purposes. However, when it is no longer needed for the law enforcement purpose and the person is still in custody or subject to a bond or parole, the passport must be returned to the Department of State, Office of Passport Policy and Advisory Services. --Department of State policy on passports

Edited September 2, 2006 by Artegal