Montana Code 26-2-404. Affidavit of arrested witness — exoneration of arresting officer
26-2-404. Affidavit of arrested witness — exoneration of arresting officer. (1) An officer is not liable for making the arrest in ignorance of the facts creating the exoneration but is liable for any subsequent detention of the witness if the witness claims the exemption and makes an affidavit stating that the witness:
Terms Used In Montana Code 26-2-404
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Arrest: Taking physical custody of a person by lawful authority.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Subpoena: A command to a witness to appear and give testimony.
(a)has been served with a subpoena to attend as a witness before a court, officer, or other person, specifying the court, officer, or person, the place of attendance, and the action or proceeding in which the subpoena was issued;
(b)has not thus been served by the witness’s own procurement with the intention of avoiding arrest; and
(c)is at the time going to the place of attendance, returning from the place of attendance, or remaining there in obedience to the subpoena.
(2)The affidavit may be taken by the officer and exonerates the officer from liability for discharging the witness when arrested.