United States of America, and v. One 1974 Jeep, Serial Number J4f835te17237, California License Number 903 Kdm, Its Tools and Appurtenances, And

The United States brought this action against one 1974 Jeep, seeking forfeiture of the vehicle pursuant to 49 U.S.C. § 782 . The trial court entered judgment for plaintiff and the defendant appeals. We affirm.

Appellant argues that the conduct by agents of the Drug Enforcement Administration (DEA) bars the forfeiture action because it constitutes either entrapment or an analogous defense applicable in a forfeiture proceeding.

The facts were as follows. Customs agents discovered cocaine during a routine inspection of incoming foreign mail. DEA agents then arranged for a pickup notice to be sent to the addressee, one Piccot. Under surveillance by the DEA, Piccot took delivery of the package at the Fairfax, California post office and drove away with it in the Jeep. DEA agents then stopped the Jeep, arrested Piccot and seized 350 grams of cocaine. On these facts the court found for the plaintiff in the forfeiture proceeding.

The arrangements made by DEA agents to effect controlled delivery of the package of cocaine fall considerably short of the type of government conduct that might be the basis for an entrapment defense. Hampton v. United States, -U.S. -, 96 S.Ct. 1646 ,…