That is my experience from around here. The police want these guys the hell out of the jail and in front of the judge posting bond so they have room for the next batch. They will let you make as many phone calls as you need if the purpose of the call is to get you out of the jail.
I do remember a sketch where a pervert was arrested for making obscene phone calls and used his to make one last call.
It’s not a nitpick.
It doesn’t work the way it does on TV. there are no lawyers storming the police station to get their client out.
At some point in the process you will get a chance to get a lawyer or one will be provided for you. It’s not going to be right after arrest. The time involved in the process is compressed on tv.
Some jurisdictions may have specific rules as to how many phone calls are allowed. That’s not my experience. We allow as many as needed but also taking into account an officer has to be present when they have their phone. I know the jail also allows a call when they arrive and access to a pay phone. They also will be seen by a judge within 24 and 48 hours for a first appearance when the process for being provided a lawyer begins.
I’ve seen someone arrested for violating a restraining order using their phone call to call the plaintiff on the restraining order.
There is no such thing as that one phone call.
The OP never asked when you get a phone call after being arrested.
It asked what happens if the person arrested has no phone number memorized when the opportunity to make a call happens.
So, if you are arrested, you just fall into a black hole and no one will ever know what happened to you because you cannot tell anyone you were arrested?
No, you get all the calls you need to make. Generally lawyer, bail, family.
Typically at the local regional jail, the arresting officer, before confiscating all of the arrestee’s possessions to put in evidence, hands him a pen and paper and tells him to write down all the numbers you need out of the phone, then takes the phone.
I am speaking from the point of view of the what happens at the police station right after arrest, not further along in the process.
It depends on what the call is for.
If you are a drunk that we need to turn over to someone we are going to work hard at finding someone for you.
If you are going to be released on a summons we can just let you walk out when we are done. No need for a call.
If you are going to jail on a warrant you can figure out who to call when you get there.
There’s no reason to be a dick. If someone asks for help finding a number so their family knows where they are we try to accommodate within reason. We are under no legal obligation to be their phonebook. Keep in mind they will only be with us an hour or two at most.
I was arrested once, in Texas, in the pre-cellphone days. When I was given access to a phone, I asked for a phone book too, which was provided.
That would be very difficult to do now.
Here is a PDF of a national survey on the right to communicate during arrest. Some states allow you “a call,” some allow multiple calls, some don’t say anything about calls and some only mention calls while awaiting trial.
As it happens, I was someone’s phone call just a couple of days ago. She was in a holding cell after a DUI. They had taken her phone. They had her give them the unlock password and get my number out of the contacts.
I imagine back in the day, you could have an operator look up the number and connect you
That seems really risky to give up the unlock code. (just speaking in general, not about your friend). Are the police prohibited from snooping around in the phone when they are getting the numbers? I’m sure the police would love to be able to look for evidence in all the texts, emails, social media, photos, etc. that are on the phone.
Yes a warrant is needed to search a phone. Giving a code to unlock to find a number is not a blanket consent to search all data.
It’s not like they would need to find something from a DUI arrest,
Yes.
She and I were speculating if the jailers would look for nudes or whatever but concluded that they would get in such bad trouble that it wouldn’t be worth it.
It should be noted though that if the police want to search your phone and get a warrant you do not need to give them the code. BUT, they can force you to use your fingerprint or face to unlock your phone (assuming your phone supports those features).
Your PIN is protected by the 5th amendment. Your fingerprint or face…nope.
nm, was wrong