Scout
Well-Known Member
I've been having some thoughts about the legal ramifications of arresting someone as a material witness. I've got a link and short summary from Wikipedia....probably just enough information to confuse me and others.
Maybe someone on the board with a legal background will tell us how this applies to this case---or not, if you think I am just trying to get free legal advice. But this might be of interest to everyone shortly.
I'm guessing that anyone--such as Jason--who is a suspect would not be a material witness. He would be testifying against himself.
I'm guessing that Jason's lawyer could not be a material witness.
I'm guessing that anyone else who is suspected of having pertinent information might be subject to arrest....Jason's family, Michelle's family, my family, your family, etc.
I have no idea why LE would use this arrest power rather than a subpoena.
--Jake
http://en.wikipedia.org/wiki/Material_witness
A material witness is a person with information alleged to be material concerning a criminal proceeding. The authority to detain material witnesses dates to the First Judiciary Act of 1789, but the Bail Reform Act of 1984 most recently amended the text of the statute, and it is now codified at Section 3144 of Title 18 of the United States Code.
[citation needed] The most recent version allows material witnesses to be held to ensure the giving of their testimony in criminal proceedings or to a grand jury. Since September 11, 2001, the U.S. has used the material witness statute to detain suspects without charge for indefinite periods of time, often under the rubric of securing grand-jury testimony. This use of the statute is controversial and is currently under judicial review.
Is paranoia a new thing for you or something you've dealt with for a long time?