(a)(1)Immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an arrested person has the right to make at least three completed telephone calls, as described in subdivision (b).
(2)The arrested person shall be entitled to make at least three calls at no expense if the calls are completed to telephone numbers within the local calling area or at his or her own expense if outside the local calling area.
(b)At any police facility or place where an arrestee is detained, a sign containing the following information in bold block type shall be posted in a conspicuous place:
The arrestee has the right to free telephone calls within the local calling area, or at his or her own expense if outside the local calling area, to three of the following:
(1)An attorney of his or her choice or, if he or she has no funds, the public defender or other attorney assigned by the court to assist indigents, whose telephone number shall be posted. This telephone call shall not be monitored, eavesdropped upon, or recorded.
(2)A bail bondsman.
(3)A relative or other person.
(c)As soon as practicable upon being arrested but, except where physically impossible, no later than three hours after
arrest, the arresting or booking officer shall inquire as to whether the arrested person is a custodial parent with responsibility for a minor child. The arresting or booking officer shall notify the arrested person who is a custodial parent with responsibility for a minor child that he or she is entitled to, and may request to, make two additional telephone calls at no expense if the telephone calls are completed to telephone numbers within the local calling area, or at his or her own expense if outside the local calling area, to a relative or other person for the purpose of arranging for the care of the minor child or children in the parent’s absence.
(d)At any police facility or place where an arrestee is detained, a sign containing the following information in bold block type shall be posted in a conspicuous place:
The arrestee, if he or she is a custodial parent with responsibility for a minor
child, has the right to two additional telephone calls within the local dialing area, or at his or her own expense if outside the local area, for the purpose of arranging for the care of the minor child or children in the parent’s absence.
(e)These telephone calls shall be given immediately upon request, or as soon as practicable.
(f)The signs posted pursuant to subdivisions (b) and (d) shall make the specified notifications in English and any non-English language spoken by a substantial number of the public, as specified in Section 7296.2 of the Government Code, who are served by the police facility or place of detainment.
(g)The rights and duties set forth in this section shall be enforced regardless of
the arrestee’s immigration status.
(h)This provision shall not abrogate a law enforcement officer’s duty to advise a suspect of his or her right to counsel or of any other right.
(i)Any public officer or employee who willfully deprives an arrested person of any right granted by this section is guilty of a misdemeanor.
Notes of Decisions
State v. Edwards, 30 P.3d 238 (Haw. 2001).
· cites it 2× “, Cal Penal Code § 851.5 (1985) (providing in pertinent part that (1) an arrested person has the right to make at least three complete calls within three hours after arrest except where physically imjoossible and is entitled to three local calls at no expense; that (2) any…”
People v. Dreas, 153 Cal. App. 3d 623 (Cal. Ct. App. 1984).
· cites it 2× “" (Pen. Code, § 851.5, subd. (c); unless otherwise indicated, all further statutory references are to the Penal Code.”
State v. Ferrell, 463 A.2d 573 (Conn. 1983).
“, Cal. Penal Code § 851.5 (Deering 1971). 12 Our holding today is not only based on our interpretation of the fourteenth amendment to the United States constitution, but also is based on the alternate, independent state ground of the due process clause of the Connecticut…”
In Re Newbern, 360 P.2d 43 (Cal. 1961).
· cites it 2× “” (Pen. Code, § 851.5.) Petitioner contends that the bail pending appeal of $500 in the December 1958 and the March 1959 eases is illegally high; that the trial judge lacked jurisdiction to take any further action in the April 1960 case after petitioner was granted a continuance…”
People v. Downer, 372 P.2d 107 (Cal. 1962).
· cites it 2× “(Pen. Code, § 851.5.) [11] (3) Any attorney may visit a prisoner at either the prisoner's request or the request of a relative or friend.”
Furey v. Comm'n on Jud. Performance, 743 P.2d 919 (Cal. 1987).
“Cuskaden’s statutory right to use the telephone (Pen. Code, § 851.5, subd. (a)), thereby jeopardizing her ability to obtain relief by a petition for habeas corpus.”
People v. Hall, 396 P.2d 700 (Cal. 1964).
“(Pen. Code, § 851.5, subd. (b).) The arresting officers violated section 841 of the Penal Code if they failed to inform defendant of the reason for his arrest.”
Henry v. Cnty. of Shasta, 132 F.3d 512 (9th Cir. 1997).
· cites it 2× “They then left him on the bare mattress, where he lay without a blanket, naked and shivering, all night. Despite his repeated requests to make a phone call, he was held incommunicado in that condition until approximately noon the next day, in violation of both California law and…”
Maley v. Cnty. of Orange, 224 F. App'x 591 (9th Cir. 2007).
· cites it 4× “First, he argues that the district court erred when it concluded after a bench trial that defendants were not liable as a matter of law for violating his rights under California Penal Code section 851.5. Second, he argues that summary judgment *593 was inappropriate on his…”
People v. Bellah, 237 Cal. App. 2d 122 (Cal. Ct. App. 1965).
“” And it is clear that when one is held under suspicion of intoxication his right to make completed telephone calls (Pen. Code, § 851.5, subd. (a)) may be exercised for the purpose of arranging with a physician of his choice for an alcoholic analysis of his blood.”
— Cal. Penal Code § 851.5(a) — 2 cases
Maley v. Cnty. of Orange, 224 F. App'x 591 (9th Cir. 2007).
“First, he argues that the district court erred when it concluded after a bench trial that defendants were not liable as a matter of law for violating his rights under California Penal Code section 851.5. Second, he argues that summary judgment *593 was inappropriate on his…”
— Cal. Penal Code § 851.5(d) — 1 case
Maley v. Cnty. of Orange, 224 F. App'x 591 (9th Cir. 2007).
“First, he argues that the district court erred when it concluded after a bench trial that defendants were not liable as a matter of law for violating his rights under California Penal Code section 851.5. Second, he argues that summary judgment *593 was inappropriate on his…”
— Cal. Penal Code § 851.5(e) — 2 cases
Maley v. Cnty. of Orange, 224 F. App'x 591 (9th Cir. 2007).
“First, he argues that the district court erred when it concluded after a bench trial that defendants were not liable as a matter of law for violating his rights under California Penal Code section 851.5. Second, he argues that summary judgment *593 was inappropriate on his…”
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