Tricky One

[xmk]

What is the name of your state (only U.S. law)? ILLINOIS

725 ILCS 5/) Code of Criminal Procedure of 1963 Article 103 - Rights Of Accused & ARTICLE 108. SEARCH AND SEIZURE

Maybe I'm not seeing it, but I see no provisions that deny me of making phone calls to a family member or attorney. Maybe you can make clarity of the 2.

I was arrested and denied my right to use the phone. The Police claim it would taint the warrant of my home they where in the process of getting while detained. Later when brought to county jail, they instructed jailer to not let me use the phone for at least 2 hours. I was processed and thrown in cell before that 2 hours. When pleaded for my right to call my attorney, "You'll have to wait until the morning." Basically I did not get use the phone for 7+ hours.

As I stated, I do not see anywhere in these codes that deny me communication with my attorney based on a search warrant.

725 ILCS 5/103‑3) (from Ch. 38, par. 103‑3)
Sec. 103‑3. Right to communicate with attorney and family; transfers.
(a) Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or in any other reasonable manner. Such communication shall be permitted within a reasonable time after arrival at the first place of custody.
(b) In the event the accused is transferred to a new place of custody his right to communicate with an attorney and a member of his family is renewed.
(Source: Laws 1963, p. 2836.)

[Peligroso27]

Originally Posted by xmk

What is the name of your state (only U.S. law)? ILLINOIS

725 ILCS 5/) Code of Criminal Procedure of 1963 Article 103 - Rights Of Accused & ARTICLE 108. SEARCH AND SEIZURE

Maybe I'm not seeing it, but I see no provisions that deny me of making phone calls to a family member or attorney. Maybe you can make clarity of the 2.

I was arrested and denied my right to use the phone. The Police claim it would taint the warrant of my home they where in the process of getting while detained. Later when brought to county jail, they instructed jailer to not let me use the phone for at least 2 hours. I was processed and thrown in cell before that 2 hours. When pleaded for my right to call my attorney, "You'll have to wait until the morning." Basically I did not get use the phone for 7+ hours.

As I stated, I do not see anywhere in these codes that deny me communication with my attorney based on a search warrant.

725 ILCS 5/103‑3) (from Ch. 38, par. 103‑3)
Sec. 103‑3. Right to communicate with attorney and family; transfers.
(a) Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or in any other reasonable manner. Such communication shall be permitted within a reasonable time after arrival at the first place of custody.
(b) In the event the accused is transferred to a new place of custody his right to communicate with an attorney and a member of his family is renewed.
(Source: Laws 1963, p. 2836.)

It is a tricky one, People v. Whipple will tell you that any information obtained by the police from you while you were in custody would now be inadmissible. Any evidence obtained through the search warrant would still be okay because calling your attorney should not change the physical location of any items that were found. There may also be a case for you to pursue charges against the officers under 725 ILCS 5, Section 103-8. You should definitely consult your attorney.

[racer72]

You missed the magic words in the statute you posted.

Such communication shall be permitted within a reasonable time after arrival at the first place of custody.

Your definition of reasonable time apparently does not match the police department's. 7 hours would likely be considered very reasonable.

[Peligroso27]

Read the post and statute again.
He stated that he was initially in custody at the police station, which would be the first place of custody. He was then transferred to the jail and still not given the right to call an attorney for seven hours total. This case is similar to People v. Whipple. I did not say he would have a slam dunk mf'er of a lawsuit, I said he may have grounds to pursue charges for the officers infringing upon his rights. Any interviews conducted by the police during this seven hours would be inadmissible but the evidence from the warrant would not be affected by this.

[outonbail]

Originally Posted by Peligroso27

Read the post and statute again.
He stated that he was initially in custody at the police station,

I read his post several times and I don't see where he states he was initially in custody at the police station?

[Peligroso27]

"Later when brought to county jail, they instructed jailer to not let me use the phone for at least 2 hours."

I assume he was brought to the station first but I could be wrong. Only the OP knows the answer.....

[outonbail]

Originally Posted by Peligroso27

"Later when brought to county jail, they instructed jailer to not let me use the phone for at least 2 hours."

I assume he was brought to the station first but I could be wrong. Only the OP knows the answer.....

I was focusing on the terminology he used in the following:

The Police claim it would taint the warrant of my home they where in the process of getting while detained.

It sounds like he may not have actually been placed under arrest until just before they brought him to the county jail.
The fact that he used the word "detained" would indicate to me that he is posting what the officers actually stated to him. Which is the fact that he was being detained.

The truth is of course, all in the actual details, which we rarely get in their full unbiased context. But I believe the OP will discover that, considering the circumstances, 7 hrs. will fall within the courts interpretation for an acceptable definition of "reasonable time".

Certainly the interpretation of "reasonable" will vary on a case by case basis, due to the fact that a countless number of conditions can have an affect on the time frame involved in investigating, arresting, transporting and then booking a suspect.

[Peligroso27]

Well stated.

[CavemanLawyer]

The statute only requires that you be allowed to make a phone call within a reasonable amount of time. If they have a valid reason, they can force you to wait. For example, if the phones were dead than you would definitely be denied the right to make a call, but that is not an unreasonable denial. Here, they can reasonably expect that a phone call from you could tip somebody off at your home that the police were about to execute a search warrant. This could result in somebody removing, hiding, or destroying the evidence that they are searching for. If they were actually in the process of getting the search warrant at the time you were arrested, than it sounds reasonable to me for them to force your phone call to wait until after that search was executed.