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Canadian Court Rules You Have the Right To Google a Lawyer

Posted by timothy on from the here-it's-one-phone-call-and-a-brandy dept.

An anonymous reader writes "Hollywood crime dramas are infamous for the scene when an accused is taken to a local police station and permitted a single phone call to contact a relative or lawyer. While the storyline is myth — there is no limit on the number of phone calls available to an accused or detainee — Michael Geist reports on a recent Canadian case establishing a new, real requirement for law enforcement. After a 19-year old struggled to find a lawyer using the telephone, the court ruled that police must provide an accused with Internet access in order to exercise their right to counsel."

11 of 105 comments (clear)

  1. Google is the new phone book by concealment · · Score: 5, Interesting

    It seems to me obvious that this should be the case; Google has for most people replaced those annoying phone books.

    The only caveat is that they should make sure they lock down the machine well...

    1. Re:Google is the new phone book by Miseph · · Score: 4, Insightful

      I'm not seeing any particular reason that the time spent searching could not be supervised; no privileged information is going to be shared with the attorney before contacting them. Electronic supervision would be the obvious choice, but frankly I would rather see an officer putting physical eyes on suspects: it gives a more immediate means of challenging questionable use and it avoids any illusion on the suspect's part that they are not being watched.

      That said, the access itself should probably be fairly open. The detained would be well-advised to do at least minimal research on whoever will potentially represent them in court, and an overly broad block on access might restrict them from pertinent information.

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      Try not to take me more seriously than I take myself.
    2. Re:Google is the new phone book by ShanghaiBill · · Score: 4, Interesting

      I'm not seeing any particular reason that the time spent searching could not be supervised

      I'm not seeing any particular reason it would need to be supervised. The phone calls aren't. The last time I was arrested, I spent about four hours in a holding cell, and there was a row of phones along the wall. There were no restrictions on who we could call, or how long we could talk. There was no indication that the phone calls were being monitored, and it is illegal to record calls without notification.

  2. Idea for a new ASK SLASHDOT: by bickerdyke · · Score: 5, Interesting

    If you were allowed to call your lawyer, would you know who to call?

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    bickerdyke
    1. Re:Idea for a new ASK SLASHDOT: by microhax · · Score: 4, Funny

      Better call Saul!

  3. But I'm telling you... by Kinwolf · · Score: 5, Funny

    ... my lawyer is on a raid in WoW, I MUST level my char to 80 to be able to reach him!

  4. Re:Internet access is not necessary by bickerdyke · · Score: 5, Insightful

    The right to freely choose a lawyer might be affected by such a pre-selection by the police.

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    bickerdyke
  5. Re:Internet access is not necessary by Endlisnis · · Score: 5, Informative

    The problem with just having a list is that the police now get to choose which lawyers will be defending representatives (the police could remove a lawyer from the list because he's very good at winning). The whole point of a phone call is that you get to CHOOSE your lawyer.

  6. Re:How much access and monitoring? by digitalvengeance · · Score: 5, Insightful

    According to Iowa Code 804.20, the police "shall" monitor any phone calls made. The exact text is:

    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. (Source: https://coolice.legis.iowa.gov/Cool-ICE/default.asp?category=billinfo&service=IowaCode&ga=83&input=804.20)

    I can't speak to legislative intent, but I wouldn't be surprised if harassment of victims or witness tampering were at least part of that conversation. If your attorney comes down to the police station, then you can chat as privately as your attorney wants. In practice, the police monitor and log all calls made such that they can later prove that they gave the suspect a reasonable opportunity to contact someone. (Failure to do so can have pretty severe legal ramifications including excluding evidence.)

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    How many roads must a man walk down? 42.
  7. Re:ObFanboi by sourcerror · · Score: 4, Funny

    As an added bonus, it would provide the lockdown too!

  8. Mr. Anderson... by ClickOnThis · · Score: 4, Funny

    ...what good is the internet if you are...unable to type?

    [Apologies to those with physical challenges.]

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    If it weren't for deadlines, nothing would be late.