78B-1-140 - Liability of officer making arrest.
78B-1-140. Liability of officer making arrest.
(1) An officer is not liable for making the arrest in ignorance of the facts creating theexemption, but is liable for any subsequent detention of the witness, if the witness claims theexemption and makes an affidavit stating:
(a) he has been served with a subpoena to attend as a witness before a court, officer orother person, specifying the same, the place of attendance and the action or proceeding in whichthe subpoena was issued;
(b) he has not been served by his own procurement, with the intention of avoiding anarrest; and
(c) he is at the time going to the place of attendance, returning therefrom, or remainingthere in obedience to the subpoena.
(2) The affidavit may be taken by the officer, and exonerates him from liability fordischarging the witness when arrested.
Renumbered and Amended by Chapter 3, 2008 General Session