Legal Opinion

Ashcroft v. al-Kidd

Supreme Court of the United States

Decided May 31, 2011No. 10-98PublishedCited by 1,570 opinions

1Opinion of the Court 1

OPINION OF THE COURT

[563 U.S. 733]

2Opinion of the Court · ScaliaJustice Scalia

We decide whether a former Attorney General enjoys immunity from suit for allegedly authorizing federal prosecutors to obtain valid material-witness warrants for detention of terrorism suspects whom they would otherwise lack probable cause to arrest.

I

The federal material-witness statute authorizes judges to “order the arrest of [a] person” whose testimony “is material in a criminal proceeding ... if it is shown that it may become impracticable to secure the presence of the person by subpoena.” 18 U.S.C. § 3144. Material witnesses enjoy the same constitutional…

3Cases cited29 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  4. Pearson v. CallahanSupreme Court of the United States · 2009
  5. Anderson v. CreightonSupreme Court of the United States · 1987

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4Cited by1,570 opinions

  1. Walker v. SchultCourt of Appeals for the Second Circuit · 2013
  2. Mullenix v. LunaSupreme Court of the United States · 2015
  3. Ziglar v. AbbasiSupreme Court of the United States · 2017
  4. Reichle v. HowardsSupreme Court of the United States · 2012
  5. White v. PaulySupreme Court of the United States · 2017

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