Who Ya Gonna Call?

One of my favorite things about the law is that it can provide context for things we've heard all our lives, but have not known exactly where they come from.

          For example, whenever someone gets arrested on TV, the first thing they ask the cop is something about using that "one phone call" we've always heard you're supposed to get once you get booked.  Perhaps you've wondered where the "one phone call" idea comes from.  Well, wonder no more.

          In Iowa, the right of an arrested person to contact a family member and/or an attorney is part of the Code, found in § 804.20:

Any peace officer or other person having custody of any person arrested or restrained of the person's liberty for any reason whatever, shall permit that person, without unnecessary delay after arrival at the place of detention, to call, consult, and see a member of the person's family or an attorney of the person's choice, or both.  Such person shall be permitted to make a reasonable number of telephone calls as may be required to secure an attorney.  If a call is made, it shall be made in the presence of the person having custody of the one arrested or restrained.  If such person is intoxicated, or a person under eighteen years of age, the call may be made by the person having custody.  An attorney shall be permitted to see and consult confidentially with such person alone and in private at the jail or other place of custody without unreasonable delay.  A violation of this section shall constitute a simple misdemeanor.

          This code section allows you to call, consult with, and see a family member and/or the attorney of your choice.  It also requires that these opportunities be given to you without unnecessary delay.  Finally, you are permitted to make as many phone calls as reasonable to contact those with whom  you wish to get in touch.     

          Whether or not this statute was violated in your case can be a complex legal determination.  If it was violated, it is possible to "throw out" some of the evidence that has been obtained against you, which could make it impossible for you to be convicted of the crime for which you've been charged.   If you, a family member, or a friend believe your § 804.20 rights have been violated, contact JHD Law today at (515) 875-4818, www.jhdlawfirm.com, or via Twitter @jonahhammerdyer.