Procedure 619-Consulate Notification and Diplomatic Immunity Flashcards Preview

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Flashcards in Procedure 619-Consulate Notification and Diplomatic Immunity Deck (41):
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.01A. This procedure is designed as a guideline to help ensure that foreign governments can extend appropriate consular services to their citizens in the United States and to ensure the San Antonio Police Department;

complies with its legal obligations under the Vienna Convention on Consular Relations.

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.01B. International law requires that law enforcement authorities of the United States extend certain;

privileges and immunities to members of foreign diplomatic missions and consular posts.

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.01B. Most of these privileges and immunities are not absolute and law enforcement officers retain their;

fundamental responsibility to protect and police the
orderly conduct of persons in the United States.

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.02A. The United States is obligated under the Vienna Convention on Consular Relations, international treaties, and customary international law, to notify;

consular officials when foreign nationals are arrested or otherwise detained in the United States.

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.02A. The U.S. Department of State does not consider it necessary to follow consular notification procedures when a foreign national is;

detained only momentarily, e.g., during a traffic stop.

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.02B. After an officer arrests / detains a foreign national, the officer will determine the;

foreign national’s country of origin.

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.02B. Normally, this information is found on the passport or other;

travel documentation that the foreign national is carrying.

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.02C. Officers will inform the foreign national of his/her right to request that their consulate be notified under the following circumstances.

1. After the foreign national is arrested;
2. Before a detention longer than four hours.

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.02D. If the foreign national does not understand English, the officers will provide the foreign national with SAPD Form #CN-02, Notice to Foreign National;

in his native language and have him circle whether he wants his consular official notified.

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.02D. The foreign national should also sign and date SAPD Form #CN-02, found in the SAPD;

forms library in several different languages.

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.02D. If a foreign national asks that such
notification be made to his consulate, the arresting officer will do so without delay by ensuring notification to the nearest consulate or embassy, when;

the foreign national is under arrest or may be detained more than four hours.

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.02D. Consular notification is accomplished by immediately faxing the notification notice, SAPD Form #CN-01, Consular Notification, to the;

nearest consulate or embassy of the foreign national’s country.

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.02D. The fax numbers to the nearest consulates and foreign embassies are listed in;

Part Six: “Foreign Embassies and Consulates in the United States” of the Consular Notification and Access Handbook.

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.02D. This handbook, Foreign Embassies and Consulates in the United States, can be found in the;

report writing room of the magistrates’ office or at the U.S. Department of State’s website

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.02D. If a foreign national, who is under arrest or who may be detained more than four hours, is from a country with which the United States has a mandatory notice, treaty or convention, the arresting officer will;

without delay, make notification to the nearest consulate or embassy, regardless of whether the foreign national requests such notification.

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.02D. This information on countries that require mandatory notification can be found in the Part One: “Basic Instruction” of the Consular Notification and Access Handbook, which is found in;

the magistrates’ office or at the U.S. Department of State’s website.

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.02E. When booking a foreign national, officers will make a notation on the;

booking slip indicating if the foreign national’s consulate was notified; and Immediately fax SAPD Form #CN-01 from the report writing room of the magistrates’ office.

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.02F. Officers will fax SAPD Form #CN-01 to the nearest consulate or embassy of the foreign national’s country, prior to detaining a foreign national, either as a suspect or a witness, for;

more than four hours.

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.02F. Officers may obtain the embassies and consulate fax numbers either from the;

dispatcher’s office or from the magistrates’ report writing room.

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.02G. After faxing the completed SAPD Form #CN-01 to the nearest consulate or embassy, officers shall attach the following to his Offense/Incident Report:

1. The completed SAPD Form #CN-01;
2. If used, the completed SAPD Form #CN-02;
3. The fax confirmation.

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.02H. Will maintain a

The Communications Unit and report writing room at the magistrates’ office

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.02H. Will be responsible for updating the current list of fax numbers of foreign embassies and consulates;

The Research and Planning Detail, every {6} months.

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.02J. If a foreign national is from a country that requires mandatory notification, consular officials have the right to;

visit arrested or detained nationals from their country.

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.02K. If a foreign national is not from a country that requires mandatory notification, consular officials have the right to;

visit arrested or detained nationals from their country, unless the foreign national objects to the visit.

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.03A. Foreign diplomats and consular officials should carry an identification card issued by the;

U.S. Department of State or the U.S. Mission to
the United Nations.

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.03A. A diplomatic passport does not automatically grant its holder;

diplomatic immunity.

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.03A. Consular ID does not automatically grant its holder;

diplomatic immunity.

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.03B. When an officer is investigating an incident in which a suspect claims diplomatic or consular immunity, the officer shall verify;

the status of the suspect and immediately notify his supervisor.

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.03C. The status of a suspect claiming diplomatic or consular immunity is verified by calling either the U.S. Department of State or the U.S. Mission to the United Nations;

depending on which entity issued the identification card.

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.03C. If the U.S. Department of State issued the identification card, the officer shall;

verify the status by having the dispatcher call the;

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Protocol Office in daytime, and after hours contact the;

State Department Operations Center, that is staffed 24-hours a day.

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.03C. If the identification card was issued by the U.S. Mission to the United Nations, the officer shall verify the status by having;

the dispatcher call the phone number that is also staffed 24-hours a day.

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.03C.Should you encounter any problems or need further assistance, you may call the;

Diplomatic Security Command Center.

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.03D. After the official status has been verified and if the suspect has full immunity and inviolability, he may only be handcuffed when he;

poses an immediate threat to anyone’s safety or it is apparent that a serious crime may be otherwise committed.

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.03D. Persons having full immunity and inviolability must be released after all;

pertinent information is obtained as they may not be arrested.

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.03E. After the official status has been verified, the suspect may be arrested and will be handled in accordance with Departmental procedures if;

the suspect has less than full immunity and inviolability.

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.03E. Fax a copy of his report and/or traffic citation to the U.S. Department of State or to the U.S. Mission to the United Nations, depending on;

which entity issued the person’s identification card;

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.03E. Route a copy of his report, through his chain of command, to the;

Office of the Chief.

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.03G. Supervisors having been informed of a suspect claiming diplomatic or consular immunity will:

1. Make the scene of the incident, if possible;
2. Prepare and distribute 103-NEN

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.05B. An official consulate is not so much foreign soil as it is like;

private property and as such, peace officers must be invited in.

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.05C. All other consulates within San Antonio are;

honorary (which bestows no special considerations).

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