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 South Dakota, the regulations regarding an arrested person's ability to make telephone calls after arrest and booking are not explicitly outlined as a constitutional right but are typically governed by state statutes and the policies of the specific jail facility. While South Dakota law does not provide a statutory entitlement for a specific number of free calls within a local calling area, it does generally follow the principle that individuals should be allowed to make phone calls within a reasonable time after arrest. This is to ensure that they can contact an attorney, a bail bondsman, or a relative to assist with their situation. The exact timing and number of calls permitted, as well as whether they are free or at the person's own expense, may vary depending on the jail's policy and the circumstances of the arrest. It is important for individuals who are arrested in South Dakota to inquire about their rights to make phone calls at the facility where they are being held.