Utah § 78B-1-140 Liability of officer making arrest.

Utah Statutes

§ 78B-1-140 — Liability of officer making arrest.

Utah § 78B-1-140

Title 78BJudicial Code

Ch. 78B-1Juries and Witnesses

Part 78B-1-1Jury and Witness Act

This text of Utah § 78B-1-140 (Liability of officer making arrest.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-1-140 (2026).

Text

(1)An officer is not liable for making the arrest in ignorance of the facts creating the exemption, but is liable for any subsequent detention of the witness, if the witness claims the exemption and makes an affidavit stating:

(1)(a) 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;

(1)(b) he has not been served by his own procurement, with the intention of avoiding an arrest; and

(1)(c) he is at the time going to the place of attendance, returning therefrom, or remaining there in obedience to the subpoena.

(2)The affidavit may be taken by the officer, and exonerates him from liability for discharging the witness when arrested.

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(1) An officer is not liable for making the arrest in ignorance of the facts creating the exemption, but is liable for any subsequent detention of the witness, if the witness claims the exemption and makes an affidavit stating:

(1)(a) 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;
(1)(b) he has not been served by his own procurement, with the intention of avoiding an arrest; and
(1)(c) he is at the time going to the place of attendance, returning therefrom, or remaining there in obedience to the subpoena.
(2) The affidavit may be taken by the officer, and exonerates him from liability for discharging the witness when arrested.