With no explanation, chose the best option from "A", "B", "C" or "D". of a material witness “[i]f it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena.” 18 U.S.C. § 3144. Under the Warrant Clause of the Fourth Amendment, “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” U.S. Const, amend. IV. Therefore, an application for a material witness warrant under § 3144 must establish probable cause to believe that (1) the witness’s testimony is material, and (2) it may become impracticable to secure the presence of the witness by subpoena. See Bacon, 449 F.2d at 942-43 (<HOLDING>). Ordinarily, a search or seizure pursuant to a

A: holding that new york law reasonable cause standard is equivalent to fourth amendments probable cause standard
B: holding that probable cause is the appropriate standard for  3144 material witness warrants
C: holding that the appropriate standard of review is abuse of discretion
D: holding that a probable cause determination is appropriate for summary judgment where there are no genuine issues of material fact and no credibility issues
B.