Diplomatic Immunity!!

[crackerman]

I am sitting at a business site doing an audit and there happens to be a consulate on site.

Since I am bored and need a break a question.

If one of you guys pulls over a consul or staff who has legit diplomatic immunity but is drunk or high, what do you do with them until they sober up since you can't let them drive for public safety but you can't arrest them?

Also what happens is you see obvious contraband (key of coke, why not) sitting in plain view but inside a plated consul car?


Or do you just roll your neck, use your revolver to shoot them, and say "Its been revoked!!!"

[Gun Kraft]

Standard answer: when faced with a situation you aren't sure how to handle and time permits, kick it up the chain of command (Sgt. or Watch Commander) and let them take responsibility.

[RickD427]

Diplomatic immunity is a bar to criminal prosecution. It does not bar LEOs from taking action to mitigate a threat posed to public safety by persons who possess diplomatic immunity.

Such a person stopped for DUI should plan on staying in the custody officers until they are sober, or until a responsible party arrives to assume that responsibility. Criminal charges may not be unilaterally bought. That does not mean that such persons are free to commit crime. They represent their government, and their government will value relations with our government. Around twenty years ago a Russian diplomat was involved in a fatal DUI accident in Los Angeles. Ordinarily, his status would have made it impossible for the D.A. to file criminal charges. The Russian government understood the responsibilities involved and waived the immunity and the charges went forward.

At one station where I was assigned as a watch commander, we had a problem where the wife of a consular official (briefly) felt free to park her vehicle, having diplomatic plates, in red zones and handicapped spaces. Her actions raised quite a few complaints from local merchants, and her conduct was formally raised to her national authorities. I have no idea what transpired, but we never had a parking problem again.

Diplomatic immunity exists so that nations can freely engage in diplomatic relations without fear that their personnel and diplomatic missions will become improperly targeted for law enforcement actions. Both sides to the diplomatic equation understand this and generally act to protect the purpose of the privilege.

As to the car question, the embassies and consular offices of foreign governments are treated as being extension of that government. As such, they're inviolate from LEO actions unless those actions are invited. However, vehicles bearing diplomatic plates are not inviolate. The vehicle may, or may not, be operated by a person possessing diplomatic immunity. If the contraband was found to be possessed by a non-protected person, then the case goes to court. If the contraband were found to be possessed by a protected person, then plan on it be returned, and matter referred to the national authorities of the protected person.

[1911su16b870]

There was an excellent handout card that I have seen on the subject and I will have to check my posse box to see if I still have it...

http://www.state.gov/documents/organization/150546.pdf

...is a state department pdf with a 51 page overview...