Legal Opinion

Cade v. One 1987 Dodge Lancer Shelby 4-Door

Idaho Supreme Court

Decided May 20, 1994No. 20890Published

1Opinion of the Court

BISTLINE, Justice.

The question presented in this case is whether the defensé of entrapment is available in a civil forfeiture action brought pursuant to I.C. § 37-2744, the Uniform Controlled Substances Act. The defense of en*732trapment is available in many criminal charges, but has not been held to apply to civil proceedings. Thus, the Court is faced with an issue of first impression; we conclude that entrapment may apply to a civil proceeding. This issue was properly presented to the magistrate and the matter should therefore be remanded for his ruling whether Allen was entrapped.

BACKGROUND…

2Cases cited5 opinions

  1. United States v. One Assortment of 89 FirearmsSupreme Court of the United States · 1984
  2. United States v. Fifty Thousand Dollars ($50,000) U.S. CurrencyCourt of Appeals for the Sixth Circuit · 1985
  3. United States v. ONE 1977 PONTIAC GRAND PRIX, VIN 2J5747P137057District Court, N.D. Illinois · 1979
  4. Jerald D. Zwak v. United StatesCourt of Appeals for the Eleventh Circuit · 1988
  5. Flam v. City of Miami BeachDistrict Court of Appeal of Florida · 1984

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