Policy Text
Copyright Lexipol, LLC 2024/ 7/29, All Rights Reserved.
Published with permission by Santa Clara County
Sheriff's Office Foreign Nationals and Diplomats - 1 Policy
604 Santa Clara County Sheriff's Office
Custody Manual
Foreign 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.
604.1.1 DEFINITIONS
Consular Officer - A citizen of a foreign country employed by a foreign government and authorized
to provide assistance on behalf of that government to that government's citizens in the United
States.
Foreign National - Any person who is not a U.S. citizen.
604.2 POLICY
The Santa Clara County Sheriff's Office will treat foreign diplomatic and consular personnel with
due regard for the privileges and immunities to which they are entitled under international law. The
Office will investigate all claims of immunity and accept custody of the person when appropriate.
The Santa Clara County Sheriff's Office 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
See attachment: Countries and Jurisdictions that require Mandatory Notification.pdf
See attachment: For Foreign Nationals from Mandatory Notification Countries.pdf
See attachment: For All Foreign Nationals Except Those from Mandatory Notification
Countries.pdf
See attachment: Fax Sheet - Notification of Arrest or Detention of A National of Your Country.pdf
See attachment: Fax Sheet - Notification of Death. Serious Injury. or Illness of A National of Your
Country.pdf
604.3.1 AVAILABILITY OF RESOURCES
The Watch Commander 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 staff 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.
Docusign Envelope ID: EED6FB49-A802-4E68-95F8-6EDEC45B8089
Copyright Lexipol, LLC 2024/ 7/29, All Rights Reserved.
Published with permission by Santa Clara County
Sheriff's Office Foreign Nationals and Diplomats - 2 Santa Clara County Sheriff's Office
Custody Manual
Foreign Nationals and Diplomats
604.3.2 ADDRESSING CLAIMS OF DIPLOMATIC OR CONSULAR IMMUNITY
When an arrestee who claims diplomatic or consular immunity is brought to the Santa Clara County
Sheriff's Office Jail the receiving deputy shall first inform the Watch Commander and then proceed
as follows:
(a) Do not accept custody of the arrestee from the transporting deputy. The arrestee
should not be brought inside the Santa Clara County Sheriff's Office Jail unless doing
so would facilitate the investigation of their claim of immunity.
(b) Do not handcuff the arrestee, or, if handcuffs have been applied, remove them unless
there is an articulable threat that would justify their use.
(c) If the arrestee has already been accepted into custody, inform the arrestee 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.
(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 Watch Commander to communicate the claim of immunity to the
on-duty supervisor of the arresting agency (if not the Santa Clara County Sheriff's Office). The
Watch Commander may assist another agency in determining the person's immunity status.
The Watch Commander 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 Watch Commander 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 Division Captain will ensure that the U.S. Department of State's list of countries and
jurisdictions that require mandatory notification is readily available to staff members. There should
also be a published list