Entrapment by estoppel occurs under what circumstances?

Entrapment by estoppel occurs under what circumstances?

• A. When a private citizen told the defendant that conduct was legal
• B. When a government official affirmatively told the defendant that his conduct was legal and the defendant actually relied on the official statements; Defendants actions were reasonable and taken in good faith
• C. When the defendant misled by a private attorney
• D. When the defendant had no knowledge of the law

Answer: (B)

Entrapment by estoppel rests on an official misrepresentation about the law. When a government official with authority affirmatively tells someone that a certain conduct is legal, and the person reasonably relies on that statement and acts in good faith, it would be unjust to punish them for following what they were led to believe the law allowed. That official’s assurance carries the weight of public authority, making the conduct appear lawful to the defendant. That’s why the scenario where a government official says the conduct is legal, and the defendant reasonably relies on it, best fits. Statements from private citizens or private attorneys don’t carry the same legal authority, and simply lacking knowledge of the law isn’t enough without an official misrepresentation.

Entrapment by estoppel rests on an official misrepresentation about the law. When a government official with authority affirmatively tells someone that a certain conduct is legal, and the person reasonably relies on that statement and acts in good faith, it would be unjust to punish them for following what they were led to believe the law allowed. That official’s assurance carries the weight of public authority, making the conduct appear lawful to the defendant.

That’s why the scenario where a government official says the conduct is legal, and the defendant reasonably relies on it, best fits. Statements from private citizens or private attorneys don’t carry the same legal authority, and simply lacking knowledge of the law isn’t enough without an official misrepresentation.