If the appellate court finds that entrapment defense is valid and reverse, can the judgment, police be held liable either civilly, criminally or both?
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If the appellate court finds that entrapment defense is valid and reverse, can the judgment, police be held liable either civilly, criminally or both?
Asked on December 20, 2013 under Criminal Law, Maryland
Answers:
Anne Brady / Law Office of Anne Brady
Answered 11 years ago | Contributor
Entrapment is a defense, not a cause of action. You might have a case for wrongful arrest, depending on the facts and your state's law on this. The problem is that the police generally have qualified immunity when they are acting on the job. There is certainly nothing to be done criminally against the police or the trial court.
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