(2) But the officer is not liable in any way, unless the person claiming the exemption makes, if required, an affidavit stating:
(a) That the person has been served with a subpoena to attend as a witness before a court, judge or other officer, specifying the same, the place of attendance and the action, suit or proceeding in which the subpoena was issued; and
(b) That the person has not been served by the procurement of the person with the intention of avoiding an arrest.
(3) The affidavit may be taken by the officer and exonerates the officer from liability for not making the arrest, or for discharging the witness when arrested.
(4) The court, judge or officer before whom the attendance of the witness is required may discharge the witness from an arrest made in violation of this section.