2005 Idaho Code - 9-1305 — LIABILITY OF OFFICER MAKING ARREST

                                   TITLE  9
                                   EVIDENCE
                                  CHAPTER 13
                        RIGHTS AND DUTIES OF WITNESSES
    9-1305.  LIABILITY OF OFFICER MAKING ARREST. An officer is not liable to
the party for making the arrest in ignorance of the facts creating the
exoneration, but is liable for any subsequent detention of the party, if such
party claim the exemption, and make an affidavit stating:
    1.  That he has been served with a subpoena to attend as a witness before
a court, officer or other person, specifying the same, the place of attendance
and the action or proceeding in which the subpoena was issued; and,
    2.  That he has not thus been served by his own procurement, with the
intention of avoiding an arrest.
    3.  That he is at the time going to the place of attendance, or returning
therefrom, or remaining there in obedience to the subpoena.
    The affidavit may be taken by the officer and exonerates him from
liability for discharging the witness when arrested.