Material Witness - Introduction

Introduction

A material witness is an individual who contains information "material" to a criminal proceeding. With the authority of 18 U.S.C. ยง 3144, the United States government can seek a warrant from a judicial officer in order to arrest a material witness. To do so, a United States official must file an affidavit with the judicial officer alleging that (1) the individual has material information to the criminal proceeding and (2) it would be "impracticable to secure the presence of the person by subpoena."

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