Arrest of protected witness void; liability of arresting officer; affidavit of witness.
1. The arrest of a witness contrary to NRS 50.175 is void.
2. 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 claims the exemption and makes an affidavit, stating:
(a) 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
(b) That he has not been thus served by his own procurement, with the intention of avoiding an arrest.
Last modified: February 26, 2006