G10.1.3 Special Processing Requirements
Chapter: Chapter 10: Traffic and Parking Services
Sub-Chapter: 10.1 - Motor Vehicle Enforcement Activities
Effective Date: 05/29/2019
Revised Date: 11/28/2023
Rescinds: G10.1.1 – 5/29/2020
Purpose
To describe any special processing requirements applicable to traffic law violations committed by juveniles, legislators, foreign diplomats/consular officials, and military personnel.
General Order
The Indiana University Police Department (IUPD) recognizes there may be special processing requirements for juveniles, legislators, foreign diplomats/consular officials, and military personnel. Officers will be aware of these requirements and take appropriate action based on the circumstances.
Juveniles (10.1.3 a)
For traffic infraction violations, juvenile violators will be cited or warned and released as any other violator.
For offenses which would be crimes if committed by an adult, officers will follow the applicable guidelines and procedures of the local juvenile court with jurisdiction.
Legislators (10.1.3 b)
United States Senators and members of Congress and Indiana Legislators in all cases except for treason, felony, and breach of the peace are immune from arrest while going to, returning from, and during attendance at sessions of their respective houses. However, they are still subject to traffic laws and may be issued citations at the officer’s discretion.
Foreign diplomats/consular officials (10.1.3 c)
Foreign diplomats and consular officials will be afforded their respective privileges, rights, and immunities as directed by international law and federal statutes. The level of diplomatic immunity varies depending upon their level of authority within the diplomatic mission. It is the duty of all persons enjoying such privileges and immunities to respect laws and regulations. Persons with diplomatic immunity are issued identification cards by the United States Department of State identifying the person as having diplomatic immunity and the level of immunity.
In cases of criminal investigations, officers may detain persons claiming diplomatic immunity for a minimal amount of time necessary to verify the person’s identity and the person’s diplomatic immunity. Officers will verify the diplomatic status of the person by contacting the United States Department of State, or in the case of the United Nations community, the United States Mission to the United Nations.
If the person has immunity, they will not be handcuffed except when that individual poses an immediate threat to the officer’s safety and will not be arrested or detained. Once all pertinent information is obtained, the person will be released. Officers will prepare a case report, fully describing the details and circumstances of the incident.
In serious cases (e.g., driving while intoxicated, personal injury crashes, etc.) telephone notification to the United States Department of State should be made. Officers will follow IUPD guidelines with respect to conducting a field sobriety investigation. The taking of a test will not be compelled. If the officer determines the individual is too impaired to drive safely, the officer will not permit the individual to continue to drive.
The privileges and immunities afforded to foreign diplomats and consular officials do not apply to the issuance of a traffic citation. However, officers will utilize the Critical Decision-Making Model when deciding the appropriate course of action regarding a traffic violation committed by a foreign diplomat or consular official.
Military personnel during the performance of their duties (10.1.3 d)
In general, military personnel who have committed a traffic violation will be handled as any other traffic violator.
Related Information
United States Department of State
- Office of Foreign Missions – Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities