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CADE v. ONE 1987 DODGE LANCER SHELBY

No. 19787.

874 P.2d 565 (1993)

125 Idaho 754

Richard L. CADE, Director, Department of Law Enforcement, State of Idaho, Plaintiff-Appellant, v. ONE 1987 DODGE LANCER SHELBY 4-DOOR, VIN IB3BX68E3HN436087, and its equipment and appurtenances, Defendant-Respondent.

Court of Appeals of Idaho.

Petition for Review Granted October 14, 1993.

Attorney(s) appearing for the Case

Larry EchoHawk, Atty. Gen., W. Corey Cartwright, Deputy Atty. Gen., for appellant. Mr. Cartwright argued.

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

SWANSTROM, Judge.

This is a forfeiture action brought by the Director of the Department of Law Enforcement against a vehicle allegedly used in an illegal drug transaction. A question unique to the Idaho appellate courts is presented by this appeal. The question is whether, in a civil forfeiture action under I.C. § 37-2744, the owner of the vehicle can raise the defense of entrapment, a defense available in a criminal...

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