Nevada Revised Statutes 50.185 – Arrest of protected witness void; liability of arresting officer; affidavit of witness
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1. The arrest of a witness contrary to NRS 50.175 is void.
Terms Used In Nevada Revised Statutes 50.185
- 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.
- Arrest: Taking physical custody of a person by lawful authority.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Subpoena: A command to a witness to appear and give testimony.
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 or she 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 or she has not been thus served by his or her own procurement, with the intention of avoiding an arrest.