Conditions. (a) Upon the ex parte application of the prosecuting attorney and a showing that the person charged has willfully violated the conditions of his release, any judge may issue a warrant directing that the person be arrested and taken forthwith before the court in which the action is pending. (b) Where it would be impracticable to secure a warrant pursuant to Subsection (a), any peace officer having reasonable grounds to believe that a person released pursuant to this Chapter has violated the conditions of his release may arrest the person and take him forthwith before the court in which the action is pending. COURT DECISIONS: D.C. GUAM APP. DIV. 1979. Because there was no evidence before the Superior Court to support the revocation of appellate's release on bail in that the defendant had not violated any of his conditions of release, defendant's arrest for violation of bail was improper and defendant was ordered to be released on original conditions of bail with the additional condition that he observe a curfew at his parents house between the hours of 9:00 p.m. and 6:00 a.m. People v. Ulloa, Anthony, D.C.Guam 1979, Crim. #79-00065A. NOTE: Section 40.65 is based on ABA, Project on Minimum Standards for Criminal Justice Pretrial Release § 5.6 (Approved draft 1968). General law has always permitted the arrest and surrender of a defendant by a surety who feared his principal was about to disappear. See § 40.45 and former § 1300. Under the procedures provided by this Chapter it is
necessary to vest a similar authority in the proper public officers. It should be noted, however, that Subsection (a) merely authorizes a warrant to be issued, it does not require the court to do so. Where the showing is weak or the violations are insignificant, the court may refuse to issue a warrant and issue an order to show cause or require a noticed motion as a prerequisite to further judicial action. Similarly Subsection (b) is conditioned upon circumstances where securing a warrant would be impracticable. Arbitrary and unreasonable arrests are not authorized and should not be tolerated. The purpose of this Section is to provide for arrest where there is a threat of nonappearance. Nothing in this Section is intended to limit the normal authority of a police officer to arrest the person without a warrant for a subsequent offense. See generally §§ 20.15 and 20.20 (arrest without a warrant). Separate authority for the issuance of a warrant where the person fails to appear as required is provided by § 40.70.