§ 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.

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