GGPDE_412_-_Foreign_Diplomatic_and_Consular_Re_2762636

Policy 412Garden Grove Police Department Policy Manual Copyright Lexipol, LLC 2022/05/24, All Rights Reserved. Published with permission by Garden Grove Police DepartmentForeign Diplomatic and Consular Representatives - 1Foreign Diplomatic and Consular Representatives 412.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that members of the Garden Grove Police Department extend appropriate privileges and immunities to foreign diplomatic and consular representatives in accordance with international law. 412.2 POLICY The Garden Grove Police Department respects international laws related to the special privileges and immunities afforded foreign diplomatic and consular representatives assigned to the United States. All foreign diplomatic and consular representatives shall be treated with respect and courtesy, regardless of any privileges or immunities afforded them. 412.3 CLAIMS OF IMMUNITY If a member comes into contact with a person where law enforcement action may be warranted and the person claims diplomatic or consular privileges and immunities, the member should, without delay: (a)Notify a supervisor. (b)Advise the person that his/her claim will be investigated and he/she may be released in accordance with the law upon confirmation of the person’s status. (c)Request the person’s identification card, either issued by the U.S. Department of State (DOS), Office of the Chief of Protocol, or in the case of persons accredited to the United Nations, by the U.S. Mission to the United Nations. These are the only reliable documents for purposes of determining privileges and immunities. (d)Contact the DOS Diplomatic Security Command Center at 571-345-3146 or toll free at 866-217-2089, or at another current telephone number and inform the center of the circumstances. (e)Verify the immunity status with DOS and follow any instructions regarding further detention, arrest, prosecution and/or release, as indicated by the DOS representative. This may require immediate release, even if a crime has been committed. Identity or immunity status should not be presumed from the type of license plates displayed on a vehicle. If there is a question as to the status or the legitimate possession of a Diplomat or Consul license plate, a query should be run via the National Law Enforcement Telecommunications System (NLETS), designating “US” as the state. Garden Grove Police Department Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2022/05/24, All Rights Reserved. Published with permission by Garden Grove Police DepartmentForeign Diplomatic and Consular Representatives - 2412.4 ENFORCEMENT If the DOS is not immediately available for consultation regarding law enforcement action, members shall be aware of the following: (a)Generally, all persons with diplomatic and consular privileges and immunities may be issued a citation or notice to appear. However, the person may not be compelled to sign the citation. (b)All persons, even those with a valid privilege or immunity, may be reasonably restrained in exigent circumstances for purposes of self-defense, public safety or the prevention of serious criminal acts. (c)An impaired foreign diplomatic or consular representative may be prevented from driving a vehicle, even if the person may not be arrested due to privileges and immunities. 1.Investigations, including the request for field sobriety tests, chemical tests and any other tests regarding impaired driving may proceed but they shall not be compelled. (d)The following persons may not be detained or arrested, and any property or vehicle owned by these persons may not be searched or seized: 1.Diplomatic-level staff of missions to international organizations and recognized family members 2.Diplomatic agents and recognized family members 3.Members of administrative and technical staff of a diplomatic mission and recognized family members 4.Career consular officers, unless the person is the subject of a felony warrant (e)The following persons may generally be detained and arrested: 1.International organization staff; however, some senior officers are entitled to the same treatment as diplomatic agents. 2.Support staff of missions to international organizations 3.Diplomatic service staff and consular employees; however, special bilateral agreements may exclude employees of certain foreign countries. 4.Honorary consular officers 5.Whenever an officer arrests and incarcerates, or detains for investigation for over two hours, a person with diplomatic and consular privileges and immunities, the officer shall promptly advise the person that he/she is entitled to have his/her government notified of the arrest or detention (Penal Code § 834c). If the individual wants his/her government notified, the officer shall begin the notification process. Garden Grove Police Department Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2022/05/24, All Rights Reserved. Published with permission by Garden Grove Police DepartmentForeign Diplomatic and Consular Representatives - 3412.5 DOCUMENTATION All contacts with persons who have claimed privileges and immunities afforded foreign diplomatic and consular representatives should be thoroughly documented and the related reports forwarded to DOS. 412.6 DIPLOMATIC IMMUNITY TABLE Reference table on diplomatic immunity: Category Arrested or DetainedEnter Residence Subject to Ordinary ProceduresIssued Traffic CitationSubpoenaed as WitnessProsecuted Recognized Family Members Diplomatic AgentNo (note (b))No Yes No No Same as sponsor (full immunity & inviolability) Member of Admin and Tech StaffNo (note (b))No Yes No No Same as sponsor (full immunity &