Police Department Policy

UCSF_04.15.02_-_Special_Processing_Requiremen_267622

UCSF PD

Policy Text
University of California, San Francisco Police Department General Orders Page 1 4.15 Traffic Law Enforcement 4.15.2 Special Processing Requirements (Revised: 7/18/18) A. Non-Resident Traffic Violators Non-resident traffic violators shall be handled in the same manner as a resident violator. B. Juveniles Generally, juveniles who have committed a traffic violation shall be issued a traffic citation. However, juveniles accused of the following traffic offenses shall be taken into custody: 1. Driving under the influence 2. Felony/misdemeanor hit and run 3. Manslaughter by motor vehicle 4. Felony/misdemeanor suspended or revoked 5. Attempting to elude 6. Reckless driving 7. Any incident in which an adult would be taken into custody. In all cases where a juvenile is taken into custody, the officer is responsibl e for notifying the juvenile’s parents as soon as possible. C. It is the policy of the UCSF Police Department that foreign diplomatic officers be accorded their respective privileges, rights and immunities, as directed by international law and federal sta tute, and be treated with courtesy and respect that befit their distinguished positions. At the same time, it is a well -established principal of international law that, without prejudice to their privileges and immunities, it is their duty to respect local laws and regulations. 1. Embassies The highest ranking foreign diplomatic office in this country is an embassy. The majority of embassies are located either in Washington, D .C. or in New York, NY. a. Diplomatic Officers Foreign diplomatic officers assig ned to embassies are titled: Ambassador, Minister, Minister Counselor, Counselor, First Secretary, Second Secretary, Third Secretary and Attaché. These persons are designated as "Diplomatic Agents" by the State Department. b. Employees Employees at embass ies are either a member of the administrative or technical staff who are accorded a lower level of inviolability. 2. Consulate Offices Branches of embassies located throughout the country are consulate offices. Foreign diplomatic officers assigned to consulate offices are titled General University of California, San Francisco Police Department General Orders 2 Consuls, Deputy General Consuls, Consuls and Vice Consuls. Persons assigned to consulate offices are de signated as career consular officers. a. Honorary Consuls Often nationals or permanent residents of the receiving state are appointed and received as honorary consular officers to perform the functions generally performed by career consular officers. Such officers do not receive identification cards from the State Department of the type issued to career consular officers, though they may exhibit reduced -sized copies of the exequatur or diplomatic note evidencing recognition by the United States Government. b. Honorary Consuls are not immune from arrest or detention; they are also not entitled to personal immunity from the civil and criminal jurisdiction of the receiving state, except as to official acts performed in the exercise of their consular functions. However, appropriate steps must be provided to accord such officers the protection required by virtue of their official position. c. Archives and Documents ‒ The consular archives and documents of a consular post headed by an honorary consul are inviolabl e (secure) at all times provided they are kept separate from other papers and documents of a private or commercial nature relating to other activities of an honorary consul. d. Officers shall comply with Federal guidelines and statutory provisions regardin g arrests on individuals claiming immunity. A copy of these guidelines shall be retained in the ECC (Diplomatic and Consular Privileges and Immunities, Summary Chart, pg. 21 Guidance for Law Enforcement Officers , Personal Rights and Immunities of Foreign Diplomatic and Consular Personnel, U.S. Department of State). 3. Identification a. State Department: Foreign Diplomatic Officers can be identified by credentials issued by the State Department and by other locally -issued official identification papers or ca rds. The extent of the "immunity" or "inviolability" for each classification is stated on the reverse of the card. The State Department credential bears its seal, the name of the officer, his/her title and the signature of State Department officials. (1) A blue-bordered "Diplomatic" card indicates that the bearer has the status of a diplomatic agent. (2) A green -bordered "Official" card indicates that the bearer has the status of employee of a diplomatic agent. (3) A red -bordered "Consular" card indicates t hat the bearer has the status of a consular employee. University of California, San Francisco Police Department General Orders 3 b. State of California ‒ The State of California issues status cards to some individuals in these categories. c. San Francisco City and County ‒ The San Francisco City and County identification card bea rs the Seal of the City and County, the name of the officer, his/her signature and the signatures of the Mayor and Chief of Police. d. Honorary Consuls ‒ Honorary consuls will bear identification as in Section (2) above. 4. Persons a. Diplomatic agents, who enjoy diplomatic immunity (broadly defined as freedom from the jurisdiction of local criminal and civil courts accorded to duly accredited, foreign diplomatic agents, their families and their key employees) are not nationals of or a permanent r esident in the receiving state. b. A career consular officer

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