What is the test for obtaining a material witness arrest warrant?
MultiRegion, United States of America
The following excerpt is from Bacon v. United States, 449 F.2d 933 (9th Cir. 1971):
Rule 46(b) and 3149 provide specific criteria for probable cause. Cf. Giordenello v. United States, 1958, 357 U.S. 480, 485, 78 S.Ct. 1245, 2 L.Ed.2d 1503. Before a material witness arrest warrant may issue, the judicial officer must have probable cause to believe (1) "that the testimony of a person is material" and (2) "that it may become impracticable to secure his presence by subpoena." These requirements are reasonable, and if they are met, an arrest warrant may issue.
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