Following arrest and the booking process, a person will usually be allowed to use a jail telephone to call a lawyer, a bail bondsman, and a relative or other person. There is no Constitutional right to make these telephone calls following arrest and incarceration and the ability to make such phone calls is usually governed by state law or by the jail’s policy.
For example, some states provide by statute that an arrested person is entitled to make at least three telephone calls at no expense if the calls are completed to telephone numbers within the local calling area, or at the person’s own expense if outside the local calling area. Some states require that these telephone calls be permitted within three hours following arrest if possible—and in some states, within one hour. And some states more generally require that an arrested person be allowed to use the telephone within a reasonable time following arrest.
Laws regarding an arrested person’s ability to make telephone calls vary from state to state and are generally located in a state’s statutes or in the state’s rules of criminal procedure.
In Iowa, the right of an arrested person to make telephone calls after being booked is not explicitly outlined as a constitutional right, but it is typically governed by state statutes and the policies of the specific jail facility. Iowa Code §804.20 states that an arrested person has the right to call, consult, and see an attorney as soon as possible after arrival at the place of detention, and they must be given the opportunity to communicate with an attorney at any time. Additionally, they may call a member of their family or another person. If the arrested person is unable to exercise this right, the statute requires that the person be released from custody. While the law does not specify a set number of calls or a specific timeframe within which the calls must be made, it emphasizes the importance of timely communication with an attorney and a family member. The actual implementation of this statute may vary by jurisdiction and is subject to the policies and procedures of the detention facility.