Current as of April 27, 2021 | Updated by FindLaw Staff
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
(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:
(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.
Cite this article: FindLaw.com - Montana Title 26. Evidence § 26-2-404. Affidavit of arrested witness--exoneration of arresting officer - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-26-evidence/mt-code-ann-sect-26-2-404.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?