Arrest and Detention of Material Witnesses: Federal Law in Brief and Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199) (CRS Report for Congress)
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| Release Date |
Revised March 8, 2006 |
| Report Number |
RL33077 |
| Report Type |
Report |
| Authors |
Charles Doyle, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
This is an overview of the law under the federal material witness statute which authorizes the arrest of material witnesses, permits their release under essentially the same bail laws that apply to federal criminal defendants, but favors their release after their depositions have taken.
Witnesses at Congressional oversight hearings alleged that the authority to arrest and hold material witnesses until their appearance at federal criminal proceedings (including grand jury proceedings) had been abused following September 11, 2001. Section 12 of the USA PATRIOT Act and Terrorism Prevention Reauthorization Act (H.R. 3199) as reported by the House Judiciary Committee called for a periodic review and reports on the use of the material witness statute. In the face of Administration opposition, however, the provision was dropped from the bill prior to House consideration. No similar proposal could be found in the version of H.R. 3199 (S. 1389) approved in the Senate or in the conference bill sent to the President. S. 1739 would rewrite the federal statute, setting detention time limits and raising evidentiary standards for arrest and detention among other things.
A list of citations to comparable state statutes and a bibliography of law review articles and notes are appended.
The report is available in an abridged formâwithout footnotes, citations to most authorities and appendicesâas CRS Report RS22259, Arrest and Detention of Material Witnesses: A Sketch, by Charles Doyle.
