§ 22-720 — Detainment of person as material witness.

A. If a law enforcement officer has probable cause to believe that a person is a necessary and material witness to a felony and that there is probable cause to believe that the person would be unwilling to accept service of a subpoena or may otherwise refuse to appear in any criminal proceeding, the officer may detain the person as a material witness with or without an arrest warrant; provided, no person may be detained as a material witness to a crime for more than forty-eight (48) hours without being taken before a judge as required by Section 719 of Title 22 of the Oklahoma Statutes; and provided further, no person may be detained as a material witness to a crime who is a victim of such crime. B. At the time of the detainment, the law enforcement officer shall inform the person: 1. Of the identity of the officer as a law enforcement officer; and 2. That the person is being detained because the officer has probable cause to believe the person: a. is a material witness to an identified felony, and b. would be unwilling to accept service of a subpoena or may otherwise refuse to appear in any criminal proceeding. C. If a material witness is taken into custody pursuant to this section, the provisions of Section 719 of Title 22 of the Oklahoma Statutes shall apply.

Legislative History

Added by Laws 2004, c. 275, § 10, eff. July 1, 2004.