Do You Get a Phone Call When You're Arrested? What the Law Actually Says

Where the "one phone call" idea comes from

The idea is mostly a product of film and television. There is no federal constitutional clause that says "the arrested person shall have one phone call." What the Constitution does protect, through the Fifth and Sixth Amendments and the Miranda line of cases, is the right to remain silent and to have a lawyer present during custodial interrogation. A phone call is one practical way to reach that lawyer, family or a bail bondsman, but the specific right to make the call is usually written into state statutes or jail rules.

That means the answer to "how many calls do I get, and when?" depends on the state, and sometimes on the agency holding you.

California: three calls within three hours

California has one of the most detailed statutes. Under Penal Code section 851.5:

• Immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an arrested person has the right to make at least three completed telephone calls.
• The calls are free if they are within the local calling area, or at the person's own expense if outside it.
• The calls may go to an attorney of the person's choice (or the public defender), a bail bondsman, and a relative or other person. The statute says the call to an attorney shall not be monitored, eavesdropped upon, or recorded.
• An arrested person who is a custodial parent of a minor child is entitled to two additional calls to arrange child care, and the officer must ask whether the person is a custodial parent.
• A sign explaining these rights must be posted at police facilities, in English and other languages spoken by a substantial number of the public served.
• The rights apply regardless of immigration status, and an officer who willfully deprives an arrested person of them is guilty of a misdemeanor.

Illinois: three calls within three hours of arrival

Illinois law, now at 725 ILCS 5/103-3.5, gives a person in police custody the right to communicate with an attorney and family by making three phone calls as soon as possible, and no later than three hours after arrival at the first place of detention. The Chicago Police Department publishes notices of these rights for people in custody.

Other states

Many states have some form of phone-call rule, but the details differ: how many calls, how soon, who pays, and whether the call to a lawyer is private. Some leave much of it to agency policy. If you or a family member are in custody, ask the booking officer or jail staff what the local rule is, and check the state's code. Do not assume California's or Illinois' numbers apply elsewhere.

When the call happens, and when it can be delayed

In practice, calls are usually made after booking, not at the scene or in the patrol car. California's statute expressly allows for situations where a call within three hours is "physically impossible," and police commonly do not allow calls during transport. Booking can take time, which is why the three-hour limits matter in the states that have them.

Our guide to the arrest and booking procedure explains what happens between the arrest and the cell.

Are the calls recorded?

Often, yes. Many jails record and monitor inmate calls and play a warning at the start. The important exception in California is the attorney call, which the statute says must not be monitored or recorded. Elsewhere, privacy protections for attorney calls exist but work differently. The safest approach is to treat every call except a confirmed private attorney call as if a prosecutor may hear it later.

What to say, and what not to say

• Say where you are and, if you know, the booking or case number.
• Ask the person to contact a lawyer or arrange bail.
• Arrange care for children, pets or anything urgent.
• Do not discuss what happened. Statements on recorded jail calls can be used as evidence.

It helps to memorize one or two phone numbers. Police usually take your phone at booking, and you may not be able to look up contacts.

The phone call is not the same as the right to a lawyer

Whether or not you have made a call, you can tell officers that you want a lawyer and that you will not answer questions without one. Under Miranda v. Arizona (1966) and Edwards v. Arizona (1981), once a person in custody clearly asks for counsel, interrogation must stop until a lawyer is present or the person starts the conversation again. Routine booking questions, such as your name and address, are treated differently; our explainer on the right to an attorney in the stationhouse vs booking questions covers that line. For a fuller overview, see what you legally must say at a police station.

What if you are denied a call?

• Ask again calmly, and ask what the rule is at that facility.
• Note the time you asked and who you asked, as best you can.
• Tell your lawyer as soon as you can speak to one. Depending on the state, a denial can be a statutory violation, and in some cases may be relevant to the case or a later complaint.

Family members trying to reach someone in custody can usually find them through the county jail's inmate locator and ask the facility about calls and visits.

Sources

• California Penal Code § 851.5 (California Legislative Information): leginfo.legislature.ca.gov
• 725 ILCS 5/103-3.5 (Illinois General Assembly): ilga.gov
• Miranda v. Arizona, 384 U.S. 436 (1966); Edwards v. Arizona, 451 U.S. 477 (1981)

This article is general legal information, not legal advice. StationLaws.com is an independent legal information website, not a law firm. Laws and jail policies change and differ by state; consult a licensed attorney in your state about a specific arrest.