What is the defense of entrapment by estoppel?

California, United States of America


The following excerpt is from People v. Farrell, B229208 (Cal. App. 2012):

The defense of entrapment by estoppel "rest[s] on the premise that the government may not actively provide assurances that conduct is lawful, then prosecute those who act in reasonable reliance on those assurances." (People v. Chacon (2007) 40 Cal.4th 558, 568.) "Under these limited circumstances, fundamental fairness supports the defense, even when the prosecution can prove each element of the crime." (Ibid.)

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