Police Custody Rights and Procedures

Police Custody and Right to Communication

Transfer to New Detention Location

  • When a person in police custody is transferred to a new detention facility:
    • The individual's right to make three telephone calls, as established under this Section, is renewed.
    • This right must be exercised within three hours of arrival at the new facility.

Inadmissibility of Statements

  • Statements made by an individual while in police custody can be deemed inadmissible in court under certain conditions:
    • If these statements are made in violation of their right to telephone calls as outlined in this section.
  • There exists a legal presumption that such inadmissible statements are not valid evidence in court.
  • This presumption may be overcome if:
    • A preponderance of the evidence (greater weight of evidence) demonstrates that the statement was made voluntarily.
    • The statement is reliable, judged based on the totality of the circumstances.
  • "Totality of the circumstances" may include factors such as:
    • Evidence that law enforcement knowingly prevented or delayed the individual's right to communicate.
    • Instances where law enforcement failed to meet the requirements set forth in this Section.

Conditions for Exceptions to the 3-Hour Rule

  • There are specific conditions where the three-hour requirement for making phone calls does not apply:
    • If the person in custody is asleep, unconscious, or otherwise incapacitated.
    • If exigent circumstances prevent officers from complying timely with this Section.
  • Documentation requirements:
    • Any occurrence of exigent circumstances that prevent compliance must be recorded in the police report;
    • Detailed accounts of the exigent circumstance are required.
  • Resumption of Rights:
    • Once the exigent circumstance ends, the right to make the three phone calls within three hours is reinstated.

Record Maintenance Requirements

  • Law enforcement must maintain specific records regarding the rights of individuals in custody:
    • (i) The total number of phone calls made by the individual while in custody.
    • (ii) The time(s) during which the individual made these phone calls.
    • (iii) Additional relevant details as required by law enforcement guidelines or procedures, pertaining to the individual's communication rights while in custody.