{"id":8921,"date":"2013-12-15T06:44:04","date_gmt":"2013-06-22T09:21:13","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-06-22T09:21:13","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8921","title":{"rendered":"CA10: Standing by entrapment by estoppel rejected"},"content":{"rendered":"<p>A GPS device was placed on the vehicle defendant was driving that he did not own. The police were tailing him, too. He took off in a highspeed chase and tossed a gun out the window which the neighborhood postman observed. He had no expectation of privacy, and entrapment by estoppel is rejected. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/12\/12-6065.pdf\">United States v. Wilfong<\/a>, 528 Fed. Appx. 814 (10th Cir. 2013):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>1. Entrapment by Estoppel<\/p>\n<p>Wilfong argues that when law enforcement placed the GPS tracking device on the pickup rather than returning it to his mother, this empowered him to use the vehicle and thus gave him standing to object to the search. He suggests this situation is analogous to entrapment by estoppel.<\/p>\n<blockquote><p>The defense of entrapment by estoppel is implicated where an agent of the government affirmatively misleads a party as to the state of the law and that party proceeds to act on the misrepresentation so that criminal prosecution of the actor implicates due process concerns  under the Fifth and Fourteenth amendments. Thus, there must be an active misleading by a government agent, and actual reliance by the defendant which is reasonable in light of the identity of the agent, the point of law misrepresented, and the substance of the misrepresentation.<\/p><\/blockquote>\n<p>Apperson, 441 F.3d at 1204-05 (citations and quotation marks omitted). Wilfong was not misled by an agent of the government. In fact, he had no contact with any government agent until he instigated a life-endangering high-speed chase. Wilfong&#8217;s entrapment theory is unavailing.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=8921\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-8921","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8921","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8921"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8921\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8921"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8921"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8921"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}