Policy Text
Policy
412San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentForeign Diplomatic and Consular
Representatives - 1Foreign Diplomatic and Consular
Representatives
412.1 PURPOSE AND SCOPE
Article 36 of the Vienna Convention on Consular Relations, sets forth certain rights of foreign
nationals from member countries when arrested, detained or imprisoned by law enforcement
officials in this country. This section provides direction to officers when considering a physical
arrest or detention of a foreign national. All foreign service personnel shall be treated with respect
and courtesy, regardless of the level of established immunity. As noted herein, the United States
is a party to several bilateral agreements that obligate authorities to notify the consulate upon the
person's detention, regardless of whether the detained person requests that his/her consulate be
notified. The list of specific countries that the United States is obligated to notify is listed on the
U.S. Department of State website.
412.2 POLICY
The San Luis Obispo 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.
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Foreign Diplomatic and Consular Representatives
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentForeign Diplomatic and Consular
Representatives - 2Identity 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.
412.4 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).
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Foreign Diplomatic and Consular Representatives
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentForeign Diplomatic and Consular
Representatives - 3If the individual wants his/her government notified, the officer shall begin the
notification process.