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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: September 7, 2017  Amends - GO 7.1.2 ( May 7, 2010 ) Number: 7.1.2 Distribution: All Personnel Review Month: October Reviewing Authority: Sheriff / Legal Services Subject: Diplomati c Immunity This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to comply with federal law and international protocol regarding the principle and practice of diplomatic immunity . 2. Policy Deputies shall be mindful of the following when dealing with questions of diplomatic immunity : A. Safety considerations are paramount. Deputies may take any reasonable steps needed to confirm their safety and that of the general public. B. Deputies are not required to ignore or condone the commission of crimes. If it is apparent that a crime is being committed, or is about to be committed, deputies may intervene to the extent necessary to stop such activity. C. Deputies should work in close cooperation with federal authorities regarding cases involving diplomatic personnel. 3. Definitions Diplomatic Immunity - a principle of international law that protects channels of communication between governments by exempting diplomats from local juris diction. It allows diplomats to perform their duties with freedom and security. By affirming this principle, the United States protects its own diplomatic personnel stationed abroad. 4. Procedures A. The Office of Protocol, U.S. Department of State is available 24 hours per day to confirm the status of individuals claiming diplomatic immunity. It also investigates violations of American law by diplomatic personnel and may request waivers of immunity to allow prosecution. It is imperative that deputies c omplete Incident Reports as fully as possible before forwarding them to the Foreign Notification Specialist who shall send them to the Office of Protocol. B. When responding to or investigating a criminal complaint, a deputy should take the 7.1.2, Page 2 of 7 following step s when confronted by a suspect claiming diplomatic immunity: 1. Ask the individual claiming diplomatic immunity to produce his or her identification card issued by the U.S. Department of State (if the individual is unable to produce such a card, proceed to step 2). 2. Verify the person’s status by asking Communications to contact the Office of Protocol. Please note the Office of Protocol is the only authority that should be contacted to confirm diplomatic status. It is not sufficient for an embassy or co nsulate representative to confirm diplomatic status. 3. Refer to the attached matrix to determine whether the individual may be detained or arrested. 4. Call a supervisor to respond to the scene and assist with determining an appropriate course of action . 5. Immediately notify the Foreign Notification Specialist via e -mail to foreignnotification@ocsofl.com and forward an Incident Report to the Foreign Notification Specialist’s attention. C. Deputies may detain all individuals claiming immunity until their status has been confirmed with the Office of Protocol. If the person attempts to leave before the deputy has been able to confirm diplomatic status, the deputy may use proper restraints, including but not limited to handcuffs. D. If the individual asks the deputy to contact his or her embassy or consulate, the deputy should do so immediately. Even without such a request, the deputy may have a legal duty to notify the person's government; this ques tion should be referred to the Office of Protocol when confirming the person's status. E. Non-criminal Traffic Infractions 1. If a deputy stops a vehicle for a non -criminal traffic infraction, and he or she is confronted by a person claiming diplomatic im munity, the deputy may write a citation. Prior to issuing the citation, the deputy should proceed as referenced above. However, the deputy may not compel the person to sign the citation . 2. If the deputy observes contraband in plain view, it may be con fiscated. Since a violation of law other than a traffic infraction is then involved, the deputy should refer to the steps outlined above. If the individual is entitled to full diplomatic immunity, his or her vehicle may not be seized or searched; in addition, the person is not subject to arrest. F. Driving Under the Influence 1. If a deputy initiates a traffic stops for possible DUI, and is confronted by a person claiming diplomatic immunity, the deputy should confirm the individual's status with the Of fice of Protocol. The deputy should also notify his or her supervisor. 7.1.2, Page 3 of 7 2. If the individual enjoys full diplomatic immunity, the deputy may not compel him or her to take a Breathalyzer test or field sobriety tests. However, if the person represents a da nger to the community, the deputy may prevent him or her from driving; if necessary, the deputy may use physical restraint to do so. 3. If a person with full diplomatic immunity is deemed to be impaired, and therefore unable to continue driving, deputies are encouraged to use the least intrusive means possible of restraining the individual. For example, if an unimpaired person with a valid driver’s license is a passenger in the vehicle, he or she may drive. The attached matrix includes additional suggest ions in this regard. 4. If the deputy determines that it is necessary to tow the diplomat