6.07 Entrapment by Estoppel is a form of estoppel, which is a legal principle that prevents an individual from denying or contradicting their own prior actions or statements. Entrapment by Estoppel occurs when a person (often a government official) makes a statement or takes an action that induces another person to rely on that statement or action, and the reliance results in the person's detriment. There are two main types of Entrapment by Estoppel: Promissory Estoppel and Equitable Estoppel. Promissory Estoppel occurs when a promise is made and relied upon, leading to a detriment, while Equitable Estoppel occurs when an individual’s conduct has caused another to believe that the individual has waived a right or is stopped from asserting a right, resulting in detriment.
6.07 ENTRAPMENT BY ESTOPPEL
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Generally, state laws will have either an objective entrapment law or a subjective entrapment law. When following the objective standard law, the court must determine whether a reasonable law-abiding person would commit the crime in light of the police officer's behavior.
Examples of entrapment include: Pressuring a person to illegally sell their prescription drugs by claiming you have no money and will die without the drugs. Repeatedly harassing someone via phone, mail, etc. to shoplift a laptop for your ?school studies?
Entrapment by estoppel applies when an official tells a defendant that certain conduct is legal and the defendant believes that official. This defense applies even in cases of strict liability, because entrapment does not negate the intent element of an offense, it relies on the principle of fairness.
Generally, state laws will have either an objective entrapment law or a subjective entrapment law. When following the objective standard law, the court must determine whether a reasonable law-abiding person would commit the crime in light of the police officer's behavior.
Entrapment may result from the use of threats, intimidation, extended fraud, or any other means where the defendant was essentially forced to commit a crime. For example, law enforcement officers could set up a sting operation for a suspected criminal to commit a burglary.
Objective entrapment bars prosecution of a crime when government action or conduct so offends decency or a sense of justice such that it amounts to a denial of due process. Subjective entrapment focuses on the inducement of the accused based on a lack of predisposition to commit the offense.
A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.
What Constitutes Entrapment in California? Pressure an Individual Into Committing a Crime.Threaten Someone Into Committing a Crime.Make False Promises.Drug Crimes: An Example of Entrapment.Prostitution: An Example of Entrapment.