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CADE v. ONE 1987 DODGE LANCER SHELBY

No. 20890.

874 P.2d 542 (1994)

125 Idaho 731

Richard L. CADE, Director, Dept. of Law Enforcement, State of Idaho, Plaintiff-Appellant, v. ONE 1987 DODGE LANCER SHELBY 4-DOOR, VIN 1B3BX68E3HN435087, & Its Equipment and Appurtenances, Defendant-Respondent.

Supreme Court of Idaho, Boise, February 1994 Term.

May 20, 1994.

Attorney(s) appearing for the Case

Larry EchoHawk, Atty. Gen., and W. Corey Cartwright, Deputy Atty. Gen. (argued), Boise, for plaintiff-appellant.

Lonnie F. Sparks, Spokane, WA, for defendant-respondent.

BISTLINE, Justice.

The question presented in this case is whether the defense of entrapment is available in a civil forfeiture action brought pursuant to I.C. § 37-2744, the Uniform Controlled Substances Act. The defense of entrapment 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...

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