GGPDE_432_-_Consular_Notification_Procedures_2837297

Procedure 432Garden Grove Police Department Procedures Manual Copyright Lexipol, LLC 2022/08/26, All Rights Reserved. Published with permission by Garden Grove Police DepartmentConsular Notification Procedures - 1Consular Notification Procedures 432.1 PURPOSE AND SCOPE This procedure will establish guidelines for assuring compliance with all consular notifications and access requirements in accordance with International Treaties and the provisions of California Penal Code 834c when dealing with foreign nationals. 432.2 ARRESTS AND DETENTIONS OF FOREIGN NATIONALS Whenever a foreign national is arrested or detained in the United States, there are legal requirements to ensure that the foreign national's government can offer him/her appropriate consular assistance. In all cases, the foreign national must be told of the right of consular notification and access. In most cases, the foreign national then has the option to decide whether to have consular representatives notified of the arrest or detention. When consular notification is at the foreign national's option, the below notification admonishment is suggested. As a non-U.S. citizen who is being arrested or detained, you are entitled to have us notify your country's consular representatives here in the United States. A consular official from your country may be able to help you obtain legal counsel, and may contact your family and visit you in detention, among other things. If you want us to notify your country's consular officials, you can request this notification now, or at any time in the future. After your consular officials are notified, they may call or visit you. Do you want us to notify your country's consular officials? In other cases the foreign national's consular officials must be notified of an arrest and/or detention regardless of the foreign national's wishes when he or she is from a mandatory reporting country. A list of the mandatory reporting countries is included in this General Order. A list of the phone and fax numbers for all foreign embassies and consulate offices, and other information can be found on the U.S. State Department's Web Pages at http://travel.state.gov/law/consular/ consular_2792.html The Garden Grove Police Department Consular Notification form, form #64, shall be completed. When consular notification is mandatory, the below notification admonishment is suggested. •Because of your nationality, we are required to notify your country's consular representatives here in the United States that you have been arrested or detained. After your consular officials are notified, they may call or visit you. You are not required to accept their assistance, but they may be able to help you obtain legal counsel and may contact your family and visit you in detention, among other things. We will be notifying your country's consular officials as soon as possible. Foreign nationals whose country requires mandatory notification should still be informed that the notification has been made and advised that he/she may also specifically request to see their consulate. Privacy concerns or the possibility that a foreign national may have a legitimate fear of persecution or other mistreatment by his/her government may exist in some mandatory Garden Grove Police Department Procedures Manual Consular Notification Procedures Copyright Lexipol, LLC 2022/08/26, All Rights Reserved. Published with permission by Garden Grove Police DepartmentConsular Notification Procedures - 2notification cases. The notification requirement should still be honored, but it is possible to take precautions regarding the disclosure of information. For example, it may not be necessary to provide information about why a foreign national is in detention. Moreover, under no circumstances should any information indicating that a foreign national may have applied for asylum in the United States or elsewhere be disclosed to that person's government.TheDepartmentofStatecanprovidemorespecificguidanceinthese particular cases. The arresting or reporting officer shall record in the body of his report that he/she complied with the notification and whenever possible record the subject's response. The case officer should include in his report, a copy of the Consular Notification form. 432.3 CONSULAR ACCESS TO DETAINED FOREIGN NATIONALS Detained foreign nationals are entitled to communicate with their consular officers. Any communication by a foreign national to his/her consular representative must be forwarded by the appropriate local officials to the consular post without delay. Foreign consular officers must be given access to their citizens. Such officers have the right to visit their nationals, to converse and correspond with them, and to arrange for their legal representation. They must refrain from acting on behalf of a foreign national, if the foreign national opposes their involvement and consular officers may not act as attorneys for their citizens. 432.4 DEATH OF FOREIGN NATIONALS During the course of any death investigation involving a foreign national, the investigating officer shall notify the deputy coroner that the deceased is a foreign national, and the coroner's office will make the necessary notifications. 432.5 MANDATORY NOTIFICATION In certain cases, as when the foreign national is a citizen of one of the mandatory- notification countries listed below, notification must be made to the nearest consulate or embassy, regardless of whether the foreign national requests such notification. There should be no deliberate delay, and notification should occur as soon as reasonably possible under the circumstances. The mandatory-notification countries are listed below. •Algeria •Antigua and Barbuda •Armenia •Azerbaijan •Bahamas, The •Barbados Belarus •Belize Garden Grove Police Department Procedures Manual Consular Notification Procedures Copyright Lexipol, LLC 2022/08/26, All Rights Reserved. Published with permission by