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Material Witness
A material witness (in US law) 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 18 U.S.C. § 3144. 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.
Al-Kidd v. Ashcroft and Material Witness Warrants
There seems to be a lot of confusion regarding the history, purpose, and actual law of the material witness statute, 18 U...
Official liability for abuse of material witness warrants
Much MSM discussion of Al-Kidd v. Ashcroft, in which the Ninth Circuit held that former Attorney General John Ashcroft did not enjoy either absolute prosecutorial or qualified executive immunity from damages claims that he established policies or presided over a regime of misuse of material-witness warrants to detain individuals not for purposes of ensuring their testimony, but to investigate the detained witnesses themselves for terrorism-related activities...
al-Kidd v. Ashcroft: Is Pretextual Use of the Material Witness Statute Unconstitutional?:
The Ninth Circuit handed down a fascinating and important case on preventive detention on Friday, and one that I suspect added a new case to the Supreme Court's docket next year:...
"al-Kidd v. Ashcroft: Is Pretextual Use of the Material Witness Statute Unconstitutional?"
That's the title of Orin Kerr's helpful post over at The Volokh Conspiracy. The bottom line(s) (after substantial analysis): First, the rejection of absolute immunity seems right...
CA9: Detention of "material witness" was unreasonable because it was investigatory; no qualified immunity
Plaintiff's arrest and detention and strip searches as a "material witness" when he was to fly round trip to Saudi Arabia stated a claim and the Attorney General who authorized it only had qualified immunity...
SF lawyer has 8 stand in audience to seek to confuse witness; they are arrested for witness intimidation
A SF criminal defense lawyer is accused of witness intimidation for arranging to have gang members in the audience stand in unison in the audience when a witness was asked in a murder case whether the defendant was in the courtroom...
Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I am being accused of hitting a 7 yr old child with my car, but I honestly don't think I hit the child. The Child was never knocked down, ran around my car to go back to ball practice, and was walking around with the par
You are in a serious situation. Get a lawyer immediately. Make no statements to ...
We have an equity line of credit and just finished our bankruptcy case. During the bankruptcy, we came to find out the bank that has our equity loan does not have any of our paperwork. they ignored my calls to try to dig
Tough one. Letter of the LAW and SPIRIT of the LAW. You signed the papers in goo...

Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I am being accused of hitting a 7 yr old child with my car, but I honestly don't think I hit the child. The Child was never knocked down, ran around my car to go back to ball practice, and was walking around with the par
You are in a serious situation. Get a lawyer immediately. Make no statements to ...
We have an equity line of credit and just finished our bankruptcy case. During the bankruptcy, we came to find out the bank that has our equity loan does not have any of our paperwork. they ignored my calls to try to dig
Tough one. Letter of the LAW and SPIRIT of the LAW. You signed the papers in goo...















