Cade v. One 1987 Dodge Lancer Shelby 4-Door

SWANSTROM, Judge.

This is a forfeiture action brought by the Director of the Department of Law Enforcement against a vehicle allegedly used in an illegal drug transaction. A question unique to the Idaho appellate courts is presented by this appeal. The question is whether, in a civil forfeiture action under I.C. § 37-2744, the owner of the vehicle can raise the defense of entrapment, a defense available in a criminal case charging an illegal drug transaction.

The Director of the Department of Law Enforcement brought this forfeiture action against a 1987 Dodge Lancer. A forfeiture case is an in…