What is the test for the defense of entrapment by estoppel?

California, United States of America


The following excerpt is from People v. Chacon, 118 Cal.App.4th 427, 12 Cal.Rptr.3d 211 (Cal. App. 2004):

On the eve of trial, the People moved to exclude testimony on the defense of entrapment by estoppel. The parties vigorously argued the question, which was an issue of first impression in California. The trial court took the motion under submission, and on the next day, both counsel submitted on their previous arguments. The trial court indicated doubt about the concept that the state can be estopped by incorrect advice given by a city official. But it felt bound to follow Cox v. Louisiana (1965) 379 U.S. 559, 85 S.Ct. 476, 13 L.Ed.2d 487 (Cox). The court recognized that there were factual issues whether the defense applied, but ruled that these were for the jury to determine, and concluded that the defense of entrapment by estoppel would be allowed.

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