Question: Can I call an attorney while I am being arrested?
Benson Varghese: If you call someone the moment you are pulled over and your phone is lying on your seat, it is possible that the officer may not notice that the phone is on and that the conversation is continuing. It is also possible that you will have time for a conversation before the officer actually approaches your vehicle. Very often, depending on the nature of the stop, the officer is going to take a moment to call in the stop, to ensure that the environment is safe before they approach your vehicle. You'll have a brief moment to make a phone call.
The reality is that when the officer gets to your vehicle, they do have the ability to control the situation so that they are safe. In other words, the courts are going to let the officer tell you to hang up the phone or turn the phone off, simply because an officer approaching your vehicle doesn’t know what to expect. They don't know if you’re calling your friends to harm the officer or what you’re doing, so you should expect that an officer is going to ask you to turn your phone off or end your phone call as soon as they walk up to the vehicle, and you should comply with that.