The [US] government systematically abused the material witness
process after September 11," deputy director of the ACLU Immigrants' Rights Project Lee Gelernt said in a statement.
Under these circumstances, the examination of a material witness
is 'necessary to the attainment of justice.
Regardless of the specific underlying constitutional standards, material witness
detention authority does not apply to the use of 48hour holds, nor does it provide authority for such holds under anything less than probable cause.
His complaint alleged that federal officials, acting pursuant to a policy devised by Ashcroft, were misusing material witness
warrants in cases where they had no genuine interest in securing testimony, but really wanted opportunities to investigate suspected terrorists whom they did not have probable cause to arrest.
He had to cut out his own running at Chepstow last time, but it probably helped that he was able to get a lead from Material Witness
Initial content also includes articles on: material witness
detention in the 19th Century; arguments against moralistic legislation; litigating under the rational bias test; and, a defense of the Electoral College.
Judge Ringer ruled that Mr Nixon was 'a material witness
for the defence.
Under the material witness
laws, individuals who have not committed any crime themselves may nonetheless be detained for extended periods of time (Levenson, 2002).
3199) as reported by the House Judiciary Committee called for a periodic review and reports on the use of the material witness
Newman, filed a motion in the Manhattan federal district court requesting that the material witness
warrant be vacated.
Attorney Brandon Mayfield of Portland, Oregon, was held for days last May as a material witness
in the Madrid bombings "after the FBI mistakenly said his fingerprint matched one found on a plastic bag connected to the deadly terror bombings.
But he was smiling again after Golden Sahara got the better of a tough battle with Material Witness
in the De Boer European Breeders Fund Classified Stakes.