804.11  Arrest of material witness.

When a law enforcement officer has probable cause to believe that a person is a necessary and material witness to a felony and that such person might be unavailable for service of a subpoena, the officer may arrest such person as a material witness with or without an arrest warrant.

At the time of the arrest, the law enforcement officer shall inform the person of:

1.  The officer's identity as a law enforcement officer; and

2.  The reason for the arrest which is that the person is believed to be a material witness to an identified felony and that the person might be unavailable for service of a subpoena.

Section History: Early form

  [C51, § 2876--2879; R60, § 4601--4604; C73, § 4248--4251; C97, § 5232--5235; C24, 27, 31, 35, 39, § 13547--13550; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 761.21--761.24; C79, 81, § 804.11]

Footnotes

  See § 815.6


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