Phone call upon arrest

When under arrest, the person may exercise his or her right to make a telephone call pursuant to G.L. c. 276, § 33A. This includes calling a lawyer, and his family or friends, in order to arrange for release on bail, or to engage the services of an attorney.

Section 33A. The police official in charge of the station or other place of detention having a telephone wherein a person is held in custody, shall permit the use of the telephone, at the expense of the arrested person, for the purpose of allowing the arrested person to communicate with his family or friends, or to arrange for release on bail, or to engage the services of an attorney. Any such person shall be informed forthwith upon his arrival at such station or place of detention, of his right to so use the telephone, and such use shall be permitted within one hour thereafter.

In this situation, I will direct the client to have a police officer put on the line. I will ask the officer if he or she will permit you to speak privately with the client and tell him or her your conversation will involve privileged communication. But, notwithstanding assurances to the contrary, I will assume that everything that is said during this initial conversation is being overheard by the police.