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Your office has been investigating a child sexual abuse case in which a teacher was caught
sexually abusing one (1) of his students while on a school travel trip to the Space and Rocket
Museum in Huntsville, Alabama. The abuse was revealed to your office after the girlfriend of
your suspect, JOHN CHEATUM, walked in on the sexual assault while it was in progress. It was
relayed to you that the girlfriend, MELISSA LOVEHIM, immediately stopped the sexual assault
in progress and then made the child leave the hotel room of CHEATUM and return to her
assigned room. As you continued your investigation you developed sufficient probable cause to
arrest and prosecute CHEATUM for the charges of Sexual Abuse of a Child Less Than 12 Years
of Age. During your investigation you obtained a statement from LOVEHIM but you have since
been unable to get her to come into your office. The night before trial is set to begin patrol units
with Local PD respond to CHEATUM’s residence and you are notified due to the pending
hearing. You respond and during the course of dealing with the current domestic situation you
are informed by LOVEHIM that she does not intend to show up for the hearing and that she does
not wish to be a part of any prosecution. She conveys to you that she is going to retreat to a
family member’s residence in another state. You call your local prosecutor who is handling the
case and you are instructed to make a warrantless arrest of LOVEHIM on the grounds that she is
a material witness to a pending criminal investigation and prosecution.
Using court cases and legal resources as grounds for your report prepare a discussion on
the legal issues surrounding the warrantless arrest of a material witness. Specifically,
does the constitution of the United States (and if you want to include state specific
discussion that is fine) allow for the warrantless arrest of a material witness – why or why
not?
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