TRAF ARR EXPT 14.4
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: TRAFFIC ARREST EXEMPTIONS
GENERAL ORDER: 14.4
EFFECTIVE: October 1, 1998
RESCINDS: NEW
PAGES: 4
CONTENTS:
This order consists of the following numbered sections:
I. FOREIGN DIPLOMATS AND CONSULAR OFFICIALS
II. ENFORCEMENT ACTIONS
III. MILITARY PERSONNEL
IV. LEGISLATORS
V. NONRESIDENTS
VI. JUVENILES
VII. GLOSSARY
PURPOSE:
To establish guidelines for traffic enforcement actions that requires special processing.
SCOPE:
This order applies to all law enforcement members.
DISCUSSION:
Certain classes of traffic law violators: foreign diplomats/consular officials, legislators, military
personnel, juveniles, and nonresidents require specific traffic enforcement processing. Detailed information concerning
diplomatic immunities may be found in the agency issued Palm Beach County Law Enforcement Handbook.
PROCEDURE:
I. FOREIGN DIPLOMATS AND CONSULAR OFFICIALS:
It is important that officers treat foreign diplomatic
and consular personnel with respect and due regard for the privileges and immunities to which they are entitled under
international law. Any shortcomings have the potential of casting into doubt the commitment of the United States to carry
out its international obligations or of negatively influencing larger foreign policy interests. Appropriate caution on the
part of officers should never escalate into a total “hands off” attitude in connection with criminal law enforcement actions
involving diplomats. Foreign diplomats who violate traffic laws should be cited. Allegations of serious crimes should be
fully investigated, promptly reported to the Department of State, and procedurally developed to the maximum permissible
extent. Officers should never be inhibited in their efforts to protect the public welfare in extreme situations. The U.S.
Department of State should be advised promptly of any serious difficulties arising in connection with diplomatic or
consular personnel. It has provided offices to assist police authorities in verifying individuals who may enjoy inviolability
or immunity. Officers are free to contact the Department of State for general advice in any matter bearing on diplomatic
or consular personnel.
A. General:
Diplomatic and consular officers will be accorded privileges, rights, and immunities as directed by
international and federal law. These officials will be treated with courtesy and respect. It is a well-established
principle of international law that persons enjoying such privileges and immunities must respect local laws and
G.O. 14.4
regulations.
B. Immunity:
Some diplomats and consular officers are entitled to limited immunities, as prescribed below.
1. Diplomatic Immunity:
Diplomatic officers will not be detained except during the commission of a crime where
public safety is in imminent danger. Consular employees or service staff do not have personal immunities of any
(Immunities will be noted on their credentials or identification documents.)
kind, nor do their families.
2. Arrest Exception:
A foreign career consular officer is not liable to arrest or to detention pending trial, except for
a grave crime and pursuant to a decision by the competent judicial authority. Immunity from criminal jurisdiction is
limited to acts performed in the exercise of consular functions and is subject to court determination.
3. Identification:
Career consular officers will be identified by State Department credentials and by
(State Department credentials will bear the State Department seal, the
other official identification papers.
name of the officer, title, and the signatures of State Department officials.)
A law enforcement officer will
request and review the credentials of any person claiming immunity.
C. Ambassadors and Ministers:
Diplomatic officers, their families, official staff, and servants, who are not
nationals of or permanent residents in the state, are protected by unlimited immunity from arrest, detention, or
prosecution with respect to any civil or criminal offense.
D. Honorary Consuls:
Honorary Consuls do not receive identification cards like those issued by the State
Department to career consular officers. An Honorary Consular may exhibit reduced-sized copies of a diplomatic note
evidencing recognition by the U.S. Government.
1.
These individuals are not immune from arrest or detention, and are not entitled to personal immunity from the civil
and criminal jurisdiction of the state, except as to official acts performed in the exercise of their functions.
2.
Appropriate steps must be provided to afford such officers the protection required by their official position.
II. ENFORCEMENT ACTIONS:
A. Traffic Violation:
An officer who stops a consular officer for a moving traffic violation will view the credentials
of the driver. The officer will exercise discretion based on the nature of the violation and may issue a warning or a
(A traffic citation will not constitute arrest or detention and the officer may not compel the diplomat to sign
citation.
the citation.)
B. Driving Under the Influence Investigation:
If a consular officer is stopped for driving under the influence, the
primary consideration is to ensure that the consular officer is not a danger to himself or the public. The following
options are available:
1.
Permit the consular to telephone a family member or friend to arrange for a ride.
2.
Transport the official home.
3.
At no time will an official’s vehicle be seized or searched.
C. Officer Responsibility:
The official will be treated with respect and courtesy, and will not be handcuffed. The
official should be informed that the officer’s primary concern is safety. The officer will document the results of the
investigation and forward a copy of the report to the Department of State.
D. Family Members:
Family members of a consular officer cannot claim official immunity unless authorized
immunity is on their credentials. However, consideration should be given to their status. A serious violation may be
2
G.O. 14.4
referred to the State Attorney’s Office. The individual should be released once positive identification is made and the
relationship with the consular official is verified. A juvenile relative should be released to the parent consular officer.
E. Official Notification:
In the event a consular officer, a member of their family, or personal staff becomes
involved in any action taken by an agency member, the Chief, or his designee, will be notified immediately. The
officer’s supervisor will furnish the Department of State with all pertinent information.
III. MILITARY PERSONNEL:
Military personnel are not afforded special privileges or consideration for violations
of traffic laws. However, when a custodial arrest is made, or a member of the Armed Forces is killed or hospitalized with
injuries from a traffic crash, the officer’s supervisor will contact the liaison officer of the Investigative Headquarters at
MacDill A.F.B.
IV. LEGISLATORS:
A. Senators and Representatives:
Members of the U.S. Congress are immune from arrest during the session of
their respective Houses, and in going to and returning from the same. During the session, officers may issue a written
warning, a citation, or a notice to appear but will not subject a representative or senator to custodial arrest, except for
cases of treason, felonies, and breaches of the peace.
B. State Legislators:
Common law privileges exempt State Legislators from a traffic arrest while attending, going
to, or returning from a session of their respective Houses.
V. NONRESIDENTS:
Nonresident motorists are rarely subjected to unfamiliar traffic signs or inconsistent
regulations. No special privileges or considerations will be granted to a nonresident motorist, unless the traffic regulation
violated is unique to the area. For traffic arrest purposes, non-residency is not sufficient to require a custodial arrest, or
the posting of bail to assure appearance in court.
VI. JUVENILES:
A. Traffic Arrest Procedure:
Juveniles taken into custody for DUI (F.S. 316.193) will be processed in accordance
with the general order indexed as Juvenile Offender Procedures. The officer will notify the juvenile's parents or legal
guardian of the arrest, and request they meet with the officer. After administration of the blood alcohol test or a refusal,
the juvenile will be released to the parent, guardian, or responsible adult as soon as one of the following events occur:
1.
The minor is no longer under the influence of alcoholic beverages, any chemical substance set forth in F.S.
877.111, or any substance controlled under chapter 893 and affected to the extent that his or her normal faculties are
impaired;
2.
The minor’s blood alcohol level is less than 0.05 percent; or
3.
Eight hours have elapsed from the time the minor was arrested.
NOTE:
Should neither of the above conditions be met by the end of the eight hours, the juvenile will be transported
to a juvenile facility for the remainder of the time period.
B. Felony Traffic Arrests:
The juvenile will be booked in the Juvenile Detention Center, or released to a parent or
guardian according to established juvenile arrest procedures.
VII. GLOSSARY:
DIPLOMATIC TITLES - Diplomatic titles subject to immunity include: Minister Counselor, Counselor First Secretary,
Second Secretary, Third Secretary, and Attaché. These officials are in Washington, D.C., or New York City.
3
G.O. 14.4
HONORARY CONSULS - Honorary Consuls are appointed permanent residents of a foreign state, who are received as
honorary consular officers.
IMMUNITY - Immunity is a principle of international law broadly defined as a legal barrier that precludes U.S. courts
from exercising jurisdiction, and is accorded to duly accredited diplomatic officers, their families, and servants.
MILITARY PERSONNEL - Armed Forces personnel include regular members of the Army, Navy, Air Force, Marine
Corps, Coast Guard, and reserves who are on active duty.
INDEXING:
CONSULAR OFFICIALS
FOREIGN DIPLOMATS
MILITARY PERSONNEL
NON-RESIDENT TRAFFIC PROCEDURES
REPRESENTATIVES
SENATORS
TRAFFIC ARREST EXEMPTIONS
TRAFFIC ARREST, JUVENILE
DRAFTED:
RLG/February 19, 1998/Filed: TRFEXP14.4
APPROVED:
___________________________________________
Pete Pitocchelli, Chief DATE: November 05, 2011
Tequesta, Florida
4