What is the test for the entrapment defense in the search warrant context?

While the statute refers only to the execution of search warrants, it is established law that warrantless searches are governed by the statute as well. Miller v. United States, 357 U.S. 301, 78 S.Ct. 1190, 2 L.Ed.2d 1332 (1958).

2 Notaro v. United States (9 Cir. 1966) 363 F.2d 169, 174-175, n. 6, contains dictum to the effect that the issue of entrapment is raised for the jury whenever a showing is made "that the commission of the offense was attended by the intervention of a government agent." Taken literally, such a rule would frequently encumber and confuse the jury with frivolous questions of entrapment. "Intervention" by government agents is today a standard device for apprehending criminals. In fact, entrapment cannot be a defense unless there is government participation or "intervention." If "intervention" by a government agent was in itself enough to raise a jury question, then all entrapment defenses would go to the jury. Certainly the trial judge has the right to rule against the defense as a matter of law.