Can I Call a Family Member or Lawyer After I Am Arrested in Iowa?
Iowa law gives a person who has been arrested the right to make certain telephone calls after arriving at a jail or other place of detention. This includes the right to call and consult with an attorney and the right to call a family member. The right is established by Iowa Code § 804.20.
That right can become important when police want to continue questioning someone after an arrest. A person does not necessarily have to use particular legal terminology or specifically cite the statute. What matters is whether the person has made a request that reasonably invokes the right provided by Iowa law.
The Iowa Supreme Court’s Decision in State v. Starr
Lucas Taylor represented the defendant in State v. Starr, a case in which the Iowa Supreme Court addressed whether law enforcement violated Iowa Code § 804.20 by refusing an arrested person’s request to contact his father so that he could obtain an attorney.
During questioning, Starr asked to call his father to get a lawyer. Law enforcement refused the request and continued questioning him. The State argued that delaying the telephone call was justified by public-safety concerns involving stolen firearms.
The district court suppressed evidence obtained after the violation. The State appealed.
The Iowa Supreme Court unanimously affirmed the suppression ruling. The Court recognized that a genuine public-safety concern could potentially justify delaying a telephone call in some circumstances, but concluded that the circumstances in Starr’s case did not justify the delay. The questioning continued well beyond any immediate concern regarding the firearms.
What Iowa Code § 804.20 Means After an Arrest
Iowa Code § 804.20 provides protections that are separate from Miranda rights. The statute governs a person’s ability to communicate with an attorney or family member after arrest and arrival at a place of detention.
When a person makes a request that invokes § 804.20, law enforcement generally cannot simply disregard the request and continue an interrogation. Whether a violation occurred depends on the circumstances, including what the person said, how law enforcement responded, and whether any delay was justified.
A violation can have significant consequences in a criminal case. Evidence obtained after the violation may be subject to suppression.
Challenging Statements Obtained After an Arrest
Issues involving Iowa Code § 804.20 often arise alongside Miranda and other protections governing custodial interrogation. The sequence of events can be critical. Body-camera recordings, interrogation recordings, jail records, and officer testimony may all become important in determining when a request was made and what occurred afterward.
A motion to suppress allows the defense to ask the court to exclude evidence obtained in violation of these protections.
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