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.
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