Idaho § 9-1305 - Liability of officer making arrest
Full text of Idaho Idaho Statutes § 9-1305 — Liability of officer making arrest, with citation guidance and answers to common questions.
§ 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.
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 9-1305
What does Idaho Statutes § 9-1305 cover?
Section 9-1305 ("Liability of officer making arrest") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 9-1305?
A common citation format is "Idaho Statutes § 9-1305" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 9-1305 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.