Sec. 09.20.160. - Affidavit as prerequisite to officer's liability.
Sec. 09.20.160. Affidavit as prerequisite to officer's liability.
(a) The officer making the arrest is not liable in any way therefor unless the person claiming exoneration from arrest, if required, makes an affidavit stating that the person
(1) has been served a subpoena to attend as a witness before a court, judge, referee, or other official, specifying the same, the place of attendance, and the action or proceeding in which the subpoena was issued; and
(2) has not been served by the person's own procurement with the intention of avoiding an arrest.
(b) The affidavit may be taken by the officer, and exonerates the officer from liability for not making the arrest or for discharging the witness when arrested.