Lakewood Police Department Policy and Procedure		Effective Date: 12/15/2023
	Policy Number: PP-4003 - Arrests of Foreign Nationals

1. Citizens of other nations who reside in or are visiting Colorado are subject to Colorado law and except as indicated below, foreign nationals who are arrested will be treated in the same manner as U.S. citizens. 

2. A foreign national who is arrested (taken into custody) will be informed they have a right to have their country's embassy or nearest consulate notified of their arrest and detention. 

a. For the purposes of this section, "arrest" refers to a custodial arrest and detention and does not include a release on citation.  

b. NON_LISTED (Non-Mandatory) COUNTRIES: If the accused is a national from a country NOT listed below, do not notify the embassy/consulate unless the accused requests they be notified. If a detainee from a non-listed country does not want their consulate notified of their arrest/detention, make a note in the case report and do not inform the consulate.

If the detainee requests their consulate be notified:

Step 1. Make note in case file.

Step 2. Notify nearest consulate without delay.

Step 3. Make record of notification in case file. Where fax or email sent, keep fax confirmation or sent email.

Step 4. Allow consular officers access to detainee if they subsequently request access.

c. It should be documented in the police report that the person arrested was advised of their right and whether or not the accused requested that the embassy/consulate be contacted. 

d.  LISTED (Mandatory Notification) COUNTRIES: By law, if a citizen of the following listed countries is arrested, the on-duty Sergeant or their designee will notify the nearest embassy or the consulate of the arrest. Phone numbers, fax numbers and email addresses can be found on the Department of State’s web site at https://travel.state.gov/CNA.

e. Notification of the consulate will be made at the time the accused is booked:

Step 1. Inform detainee that he or she may communicate with consulate, and that you must notify consulate of arrest/detention. Forward any communication from the foreign national to his or her consular officers without delay.

Step 2. Notify nearest consulate without delay by phone, Email, or fax.

Step 3. Make record of notification in case file.

Where fax or email sent, keep fax confirmation or sent email.

Step 4. Allow consular officers access to detainee if they subsequently request access. Diplomatic and consular officers have the legal right to consult with their citizens who are detained by federal, state or local authorities. The right of consular access and communication are generally subject to local laws and regulations concerning prisoner visitations. Consular officials may be searched prior to contact with an arrestee.  Consular officials are entitled to speak confidentially with an arrestee although the consular official and arrestee may be kept in sight for security reasons.  

3. Additional requirements must be followed in cases pertaining to foreign diplomatic and consular officers and their families. Further information about diplomatic and consular immunity can be found at https://travel.state.gov/CNA.

4. If the foreign national who is arrested is in possession of a Passport, Visa, Border Crossing Card, Resident Alien Card, Consular Identification Card, or Alien Registration Card, the arresting officer shall make a photocopy of the documents and attach them to the arrest/booking report.  A copy should also be made of any other identity or travel documents in the possession of the accused.  

5. When completing the arrest/booking report, obtain the following information:  

a. Complete home address (foreign address) of the accused. 

b. Complete local address for the accused.

c. The officer who contacts an embassy or consulate on behalf of an accused foreign national will document the date, time and the name of the person who received the call at the embassy or consulate in the police report.  

 

6. If a foreign national is arrested for a felony the Department of Homeland Security will be notified at the same time as the Consulate.

7. If the foreign national is unable to communicate in English, a supervisor will be contacted and every effort made to obtain a translator.  Miranda warnings must be translated before a questioning can begin. The investigating officer will include the name, address, telephone number and relationship of the translator to the victim/witness in the police report.

8. Contact Information: This list is subject to amendment without notice from the Federal Government.  List may be verified via U.S. Department of State website: https://travel.state.gov/content/travel/en/consularnotification.html

1. Does not include Republic of China (Taiwan) passport holders. 

2. Mandatory for non-permanent only. 

3. U.K. includes Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Montserrat, and the Turks and Caicos Islands. Residents’ passports bear the name of their territory and may also bear the name “United Kingdom”.