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Policy 604Santa Ana Police Department Custody Manual Copyright Lexipol, LLC 2025/05/23, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Foreign Nationals and Diplomats - 1Foreign Nationals and Diplomats 604.1 PURPOSE AND SCOPE This policy addresses the privileges and immunities afforded to members of foreign diplomatic missions and consular posts. This policy also addresses the legal requirements related to consular notifications that should occur when a foreign national is in custody. Inmate access to a consular officer is addressed in the Telephone Access and Visitation policies. 604.2 POLICY The Santa Ana Police Department Jail will treat foreign diplomatic and consular personnel with due regard for the privileges and immunities to which they are entitled under international law. The Department will investigate all claims of immunity and accept custody of the person when appropriate. The Santa Ana Police Department Jail will also honor the laws related to foreign nationals in custody by making proper consular notifications and by assisting those who wish to contact their consular representative. 604.3 DIPLOMATIC AND CONSULAR IMMUNITY 604.3.1 AVAILABILITY OF RESOURCES The Shift Supervisor will ensure that current contact information for the U.S. Department of State and the U.S. Mission to the United Nations is readily available for department members who need to verify a claim of diplomatic or consular immunity. Relevant material for law enforcement published by the U.S. Department of State Bureau of Diplomatic Security should be readily available as well. 604.3.2 ADDRESSING CLAIMS OF DIPLOMATIC OR CONSULAR IMMUNITY When an arrestee who claims diplomatic or consular immunity is brought to the Santa Ana Police Department Jail the receiving correctional officer shall first inform the Shift Supervisor and then generally proceed as follows: (a)Do not accept custody of the person from the transporting officer. The person should not be brought inside the Santa Ana Police Department Jail unless doing so would facilitate the investigation of their claim of immunity. (b)Do not handcuff the person or, if handcuffs have been applied, remove them unless there is an articulable threat that would justify their use. (c)If the person has already been accepted into custody, inform the person that they will be detained until their identity and immunity can be confirmed. Attempt to obtain a U.S. Department of State-issued identification card or other identification or documents that may relate to the claimed immunity. Santa Ana Police Department Custody Manual Foreign Nationals and Diplomats Copyright Lexipol, LLC 2025/05/23, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Foreign Nationals and Diplomats - 2(d)In all cases, verify the status and level of immunity by contacting the U.S. Department of State or the U.S. Mission to the United Nations, as appropriate. It will be the responsibility of the Shift Supervisor to communicate the claim of immunity to the on-duty supervisor of the arresting agency (if not the Santa Ana Police Department). The Shift Supervisor may assist another agency in determining the person's immunity status. The Shift Supervisor is responsible for ensuring appropriate action is taken based upon information received regarding the person's immunity status. 604.3.3 REPORTING If the person's immunity status has been verified, the Shift Supervisor should ensure a report is prepared describing the details and circumstances of any detention or custody. A copy of the report should be faxed or mailed as soon as possible to the U.S. Department of State in Washington, D.C., or to the U.S. Mission to the United Nations in New York in cases involving a member of the United Nations community. 604.4 CONSULAR NOTIFICATIONS 604.4.1 CONSULAR NOTIFICATION LIST AND CONTACTS The Jail Administrator will ensure that the U.S. Department of State's list of countries and jurisdictions that require mandatory notification is readily available to department members. There should also be a published list of foreign embassy and consulate telephone and fax numbers, as well as standardized notification forms that can be faxed and then retained for the record. Prominently displayed placards informing incarcerated persons of rights related to consular notification should also be posted. 604.4.2 CONSULAR NOTIFICATION ON BOOKING Department members assigned to book incarcerated persons shall: (a)Inform the foreign national, without delay, that the foreign national may have their consular officers notified of the arrest or detention and may communicate with them. Members shall ensure this notification is acknowledged and documented. (b)Determine whether the foreign national's country is on the U.S. Department of State's mandatory notification list. (c)If the foreign national's country is not on the list for mandatory notification but the foreign national requests that their consular officers be notified, then: 1.Notify the nearest embassy or consulate of the foreign national's country of the person's arrest or detention by faxing the appropriate notification form. If no fax confirmation is received, a telephonic notification should be made and documented. 2.Forward any communication from the foreign national to their consular officers without delay. (d)If the foreign national's country is on the list for mandatory notification, then: Santa Ana Police Department Custody Manual Foreign Nationals and Diplomats Copyright Lexipol, LLC 2025/05/23, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Foreign Nationals and Diplomats - 31.Notify the nearest embassy or consulate of the foreign national's country, without delay, of the person's arrest or detention