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.
[C62, 66, 71, 73, 75, 77, §755.17; C79, 81, §804.20]
\n
Notes of Decisions
State of Iowa v. Robert A. Davis, 922 N.W.2d 326 (Iowa 2019).
· cites it 88× “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…”
State of Iowa v. David Joseph Hellstern, 856 N.W.2d 355 (Iowa 2014).
· cites it 143× “” Iowa Code § 804.20 . The statute, by its terms, affords no privacy to a person in custody during a phone call to their attorney.”
State of Iowa v. John Arthur Senn Jr., 882 N.W.2d 1 (Iowa 2016).
· cites it 69× “See Iowa Code § 804.20 (2013). Yet this claim was not supported by evidence that the advice Senn needed at that moment could only be provided through a 54 private phone conversation.”
State v. Moorehead, 699 N.W.2d 667 (Iowa 2005).
· cites it 100× “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…”
State of Iowa v. Carson Michael Walker, 804 N.W.2d 284 (Iowa 2011).
· cites it 78× “Is an attorney able “to see and consult confidentially [with his client] alone and in private” under Iowa Code section 804.20 (2009) by talking through an intercom in a booth separated by a glass partition and watched by a police video camera? In this prosecution for operating a…”
State Of Iowa Vs. Scott Allen Hicks, 791 N.W.2d 89 (Iowa 2010).
· cites it 80× “Iowa Code § 804.20 . *96 We think the statutory limitation that the call, consultation, or visit must be with “a member of.”
State of Iowa v. Scott Robert Robinson, 859 N.W.2d 464 (Iowa 2015).
· cites it 52× “The court of appeals further affirmed a pro se challenge to the effectiveness of Robinson’s trial counsel on the ground that the instruction on confinement given by the district court was not 6 erroneous.”
State of Iowa v. Randall Lee Lamoreux, 875 N.W.2d 172 (Iowa 2016).
· cites it 60× “It does not state that the attorney shall see and consult confidentially with a client in custody privately; instead it says this kind of consultation has to be permitted.”
State of Iowa v. Tony Gene Lukins, 846 N.W.2d 902 (Iowa 2014).
· cites it 62× “Lukins likens this case to those in which we have interpreted Iowa Code section 804.20. That statute provides a peace officer must permit a person “arrested or restrained of the person’s liberty .”
State of Iowa v. Dale Dean Pettijohn Jr., 899 N.W.2d 1 (Iowa 2017).
· cites it 24× “2d at 290 (citing Iowa Code § 804.20 ). We have never held the implied-consent advisory must inform the defendant of his constitutional right to refuse consent.”
State v. Garrity, 765 N.W.2d 592 (Iowa 2009).
· cites it 42× “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…”
State of Iowa v. Benjamin Joseph Lyon, 862 N.W.2d 391 (Iowa 2015).
· cites it 43× “Second, Lyon argues that after his arrest for driving while intoxicated, his rights under Iowa Code section 804.20 were violated because the officer failed to properly inform him of the purpose of a phone call under this Code provision.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.