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Court of Appeals of Iowa: No Need for Police to tell Suspects of Right to Call Attorney [2008-10-16]
In State of Iowa v. Paul Anthony Garrity, 8-786/08-0330 (Iowa Ct. App. Oct 2008), the Court stated that police officers are not required to tell suspects about their right to call a lawyer or a relative. These rights are detailed in Iowa Code Section 804.20.
Iowa Code Section 804.20 states:
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.
Iowa Code § 804.20. This provision affords a person arrested for the offense of operating a motor vehicle while intoxicated a limited statutory right to confer with a family member or attorney before deciding whether to submit to a chemical test.
Under State v. Vietor, 261 N.W.2d 828, 832 (Iowa 1978), if this right is denied, evidence that the arrestee refused to submit to such testing is inadmissible at a later criminal trial.
Since police officers are not required to inform suspects of their right to call an attorney or a family member, it is important that individuals know that they have this right and exercise it when appropriate.