The material witness law has existed in some form since 1789. But after
Sept. 11, al-Kidd argues in his lawsuit, federal authorities began
using it to take someone suspected of ties to terrorism off the streets
even when they had insufficient evidence to believe he had committed a
crime.
1 Comments in Response to US citizen recalls 'humiliating' post-9/11 arrest
http://www.scotusblog.com/case-files/cases/ashcroft-v-al-kidd/