A common bit we see in movies when someone is arrested is the person demanding that the police give them their phone call.
I am over 50 years old and back when I was growing up (70s/80s) you just had to memorize phone numbers. Or, carry a little memo pad with you with numbers (I just remembered them). All well and good. Lots of people I could call.
But, these days, with cell phones and everyone on quick dial I find I actually know almost no phone numbers.
If you are arrested will the police let you use your cell phone for a call or, do you have to dial one from memory and if you can’t remember then sucks to be you and you are out of luck?
Once you are processed but before being placed into the jail, I believe that you may be given permission to get phone numbers out of your phone. Obviously, this would vary by department, type of offense, demeanor of the arrestee, and inclination of the officer.
More commonly, there is usually a list of bail bond companies that are typically placed near the phone inside the jail so inmates know who to call to arrange getting out.
To be on the totally safe side, it might be a good idea to memorize at least one person’s number- your “ride or die” - just in case.
The “one phone call” thing is a myth. They can’t just keep holding you because you couldn’t remember a phone number or the one person you called didn’t help.
My understanding (which may be wrong) is when you are processed into the system because you were arrested is you are entitled to a phone call. That call can be to anyone you like.
I am not sure what the police do if you do not have any phone numbers memorized.
Every state has a different written procedure. There’s no constitutional minimum or maximum regarding phone calls. The constitution gives you a right to a lawyer, and many states give you a right to bail. They can’t set up a system that basically makes it impossible for you to exercise those rights.
Certainly phones did not exist when the constitution was written.
My understanding is most states allow a phone call to obtain bail and/or contact your attorney once you have been arrested. Access to an an attorney is a constitutional right and the state probably prefers you get your own rather than one they have to pay for so the phone call is in their interest to provide.
It also makes sense that citizens do not disappear if arrested. If you get no phone call after being arrested how can anyone know what happened to you?
That surprises me. And you may have an unreliable witness telling you what happened. We are obligated to turn over a drunk to a responsible sober person. One thing we don’t want is a drunk in our building for one minute more than we have to, We let them call as many people as they can in order to get a ride. If they are being belligerent and refusing to call anyone (happens more than you think) we do some digging to find anyone who will take responsibility.
Yep, they had a regular payphone out in the waiting area, and collect calls only in the cell area. They also offered someone that one call to their lawyer on a regular phone.
You have a right to an attorney. You don’t have the right to have one standing there when you are being processed, or being driven to the jail or sleeping in a cell. There is no mechanism to provide a lawyer right after arrest. A lawyer will be provided for any phase of the process where a lawyer is needed. If you request a lawyer you can’t be questioned until one is present. In 24 years a lawyer has shown up after an arrest exactly zero times even when one is on retainer. A handful of times I got a call saying “Don’t question my client.” Which wasn’t happening anyway. But, billable hours.
Yeah, I’d been wondering this for a while. How does a prisoner even know where to do research to find an attorney in the first place, if he wasn’t expecting arrest?
We have a phone built in the wall in the holding area that you can use to make collect calls. It never works right. It’s just easier to let them use their phone while we watch.
I swear snopes.com had a page debunking the idea that you are allowed to make exactly one phone call from jail, but but I am unable to find it now. But as I recall they said pretty much the same thing as others here said – if the first person you call isn’t home, or the line is busy, etc., they can’t just say “Oh well, too bad, no more phone calls for you.” As I recall the snopes article said that while it varies depending on jurisdiction, most will allow a “reasonable” number of phone calls, as long as you’re not obviously abusing your phone privileges.
, so on my visits to Las Vegas (from the UK), I behave really well. 