Ernest Oliver was convicted of larceny from the person in the Eighth Judicial District Court and sentenced to ten years in prison. He appealed. The Supreme Court reversed.

Facts

On the night of Oliver’s arrest, three policemen undertook to conduct a “decoy operation” near the intersection of Main and Ogden in Las Vegas. That corner is in a downtown area frequented by substantial numbers of persons commonly characterized as “street people,” “vagrants,” and “derelicts.” It appears Oliver, a black man, is one of these.

Disguised as a vagrant in an old Marine Corps jacket, the decoy officer slumped against a palm tree, pretending to be intoxicated and asleep. His associates concealed themselves nearby. The decoy prominently displayed a ten-dollar bill, positioning it to protrude from the left breast pocket of his jacket. This was done, the decoy later testified, “to provide an opportunity for a dishonest person to prove himself.” Oliver, who had the misfortune to come walking down the street, saw the decoy and evidently felt moved to assist him. Shaking and nudging the decoy with his foot, Oliver attempted to warn the decoy that the police would arrest him if he did not move on. The decoy did not respond, and Oliver stepped away. Up to this point, Oliver had shown no predisposition whatever to commit any criminal act....

1. State the test for entrapment according to Nevada law.

2. What facts led the Court to conclude that Oliver was entrapped but DePasquale wasn’t?