Loterre: SAGE: detention of material witnesses

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detention of material witnesses

State and federal laws permit governments to obtain warrants to arrest and detain material witnesses when there is a reason to believe that such witnesses might fail to show up for trial. Eyewitness testimony can be vital to prosecuting the guilty and defending the innocent, and the practice of detaining witnesses is chiefly based on the provisions in the Sixth Amendment that allow a defendant “to have compulsory process for obtaining witnesses in his favor.” This has not prevented the process from being subject to abuse by overly zealous law enforcement authorities, and the continuing “seizure” of a person, especially one who is not guilty of a crime, raises serious Fourth Amendment issues. [Source: Encyclopedia of the Fourth Amendment; Detention of Material Witnesses]

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