Police Procedure Question: Cell Phones and Arrest

In Canada I think it probably depends on the crime that the person is being arrested for. If police believe the cell phone is being used as part of the criminal activity like dial-dope operations they will seize the phone, and mostly any calls to lawyers take place after or during the booking procedure at the station.

SKetcher said:

Question for anyone knowledgeable on police procedure.

When the police arrest you, would they allow you to keep/use your cell phone before you were booked or is that 1-phone call thing real?

Thanks.

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They will confiscate everything in your pockets and on your person, save, perhaps, clothing. The one phone call deal is true, but you can usually get away with calling more than one person if the cops like you (not likely if you're arrested).

I have been 'detained' before. Even then, they confiscate everything of yours. While my hands and feet were shackled, I could not quite do much of anything like use a phone, but they were more than happy to call somebody for me.

SKetcher said:

Question for anyone knowledgeable on police procedure.

When the police arrest you, would they allow you to keep/use your cell phone before you were booked or is that 1-phone call thing real?

Thanks.

Click to expand...

Speaking from a federal point of view - cell phone is taken (along w/everything else) if you are arrested and then booked. The state / local PD who were often with us (task force) also did same. Of course you get it back upon release.

They let me use my cell phone and their own bathroom when we first got to the jail. I was still handcuffed in the front for the bathroom part [!] but not the cell phone part. I did get fingerprinted and my mug shot but they stalled on booking me so I wouldn't have to go in with the other folks. I was out on bail very quickly - an hour or two maybe?

They said I was the most polite person they'd ever arrested They were so nice. They let a new girl there use me for practice taking more fingerprints.

It was dropped totally in court, btw.

In Texas, my county anyway, probably not. If the charge is serious, definitely not. Often a phone is evidence, if not of the crime then of your whereabouts when the crime was committed. But if a DWI, and you are very nice, they might make the call for you on your phone.