Question. Somewhere along the line she has a right to call her lawyer and the police can not prevent her from doing so. At what point does that right kick in? Any legal reaons why she should not call from her car?
"Somewhere along the line she has a right to call her lawyer and the police can not prevent her from doing so."
Procedure where I worked was that the suspect could call the attorney after booking unless they were released O/R. Then they could call after O/R.
Paperwork was not "final" and sent to DA until after booking and in fact we would even release arrestees as "detained" if the particulars of a case changed from what first seemed to be the case.
An example would be arresting a dude for spousal who was "mouthy" and physically resisting on first contact.....then find out no assault/battery was evident/could be tangibly established other than harsh words. The guy was in fact under arrest/mirandized/advised of charges/hooked up...not detained...but further investigation and calming down of things allowed Officers' discretion not to complete the arrest procedure via transport and booking.
The dude saves the arrest/booking record and thus did not need to call an attorney. So it can be to the suspects advantage.
Back then Cell phones didn't exist but if they did I doubt I would have allowed them to have their phone back to call from the car either. Once arrested and hooked, everything comes out of the pockets and you don't get it back til after release.
I thought I was responding to JTN's post just above and my apologies for interjecting without looking at the poster of the question.