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 Tennessee, the right for an arrested individual 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. Tennessee law does not provide a statutory entitlement for a set number of free calls within a certain time frame post-arrest. However, it is common practice in Tennessee for law enforcement agencies to allow individuals in custody to make a limited number of phone calls to reach an attorney, a bail bondsman, or a relative. The timing and number of calls permitted, as well as whether they are free or at the individual's expense, can vary by jurisdiction and are often at the discretion of the facility's policies. It is generally expected that these calls are allowed within a reasonable time following arrest, but the specific regulations can differ from one facility to another.