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 Louisiana, the right for an arrested person to make telephone calls after being booked is not explicitly guaranteed by the Constitution but is typically governed by state statutes and the policies of the specific jail or detention facility. Louisiana Code of Criminal Procedure Art. 230.1 mandates that an arrested person must be allowed to communicate with their attorney and a close relative or friend immediately after booking. While the law does not specify the number of calls or the time frame within which the calls must be made, it does require that the communication be allowed 'without delay' when practicable. The implementation of this statute can vary by jurisdiction within the state, and the actual practice may be influenced by local law enforcement policies. It is important for individuals who are arrested in Louisiana to inquire about their rights to make phone calls at the specific facility where they are being held.