Title 8 — Criminal Procedure

An arrest is made by an actual restraint of the person, or by submission to the custody of the person making the arrest. The person arrested may be subjected to such restraint as is reasonable for his arrest and detention. NOTE: Section 20.10 continues the substance of former § 8…

If any provision of this Article or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Article, which can be given effect without the invalid provisions or application,…

stances. (a) A peace officer may make an arrest in obedience to a warrant, or may, without a warrant, arrest a person: (1) Whenever the officer has reasonable cause to believe that the person to be arrested has committed an offense in the officer's presence; (2) When the person a…

A private person may arrest another; (a) For an offense committed or attempted in his presence. (b) When the person arrested has committed a felony, although not in his presence. (c) When a felony has been in fact committed, and he has reasonable cause for believing the person ar…

Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein. NOTE: Section 20.25 is identical to former § 839. See also former §§ 723 and 727;Cal. Pen. Code § 839. See generally B. Witkin, California Criminal Procedure Proceedings Before…

Whenever an arrest is authorized by the provisions of this Code, it may be made on any day and at any time of the day or night. NOTE: Section 20.30 supersedes former § 840. Compare Cal. Pen Code § 840. See generally B. Witkin, California Criminal Procedure Proceedings Before Tria…

(a) The person making an arrest shall inform the person to be arrested of the intention to arrest him, the offense for which he is being arrested, and the authority permitting the person to make the arrest. (b) Subsection (a) shall not apply when the person making the arrest has …

if Warrant Exists. An arrest by a peace officer pursuant to a warrant is lawful whether or not the officer has the warrant in his possession at the time of the arrest. However, upon requires of the person arrested, the warrant shall be shown to him as soon as practicable. NOTE: S…

Overcome Resistance. Any peace officer who has reasonable cause to believe that a person to be arrested has committed an offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance. A peace officer who makes or attempts to make an arrest nee…

and Refusal. (a) To make an arrest, whether with or without a warrant, a peace officer may break open the door or window of any house in which the person to be arrested is, or in which the officer has reasonable cause for believing him to be, if, after giving notice of his author…

Any person making an arrest may take from the person arrested any weapon which he may have about his person and shall deliver it to the Chief of Police. NOTE: Section 20.55 continues the substance of the first sentence of former § 846. See also Cal. Pen. Code § 846. The second se…

(a) Notwithstanding § 45.10, any peace officer may instead of taking any person arrested without a warrant before a judge, release him from custody: (1) When the officer is satisfied that there are insufficient grounds for requesting a criminal complaint against the person arrest…

(a) After arrest, any attorney at law entitled to practice in the courts of record in Guam, may, with the consent of the person arrested and at the request of the person arrested or any relative or friend of such person, visit the person arrested. (b) Any person, immediately afte…

The Unified Judiciary of Guam (Judiciary) is authorized to create and maintain an Online Warrant Repository/Registry that is accessible to the general public on the internet. The purpose of the Online Warrant Repository/Registry is to obtain assistance from the public in locating…

that is Posted On The Internet. The Online Warrant Repository/Registry may include information maintained in the Judiciary’s warrant repository and any other information that may aid in the apprehension of individuals with outstanding arrest warrants and fugitives from justice. T…

Repository/Registry. At the request of the Attorney General of Guam, the Guam Police Department, or federal and international investigative and law enforcement agencies, the Judiciary shall omit the inclusion of a fugitive if the investigatory/law enforcement agency determines th…

The Judiciary shall adopt standards for the operation of the Online Warrant Repository/Registry. Such standards may include, but not be limited to, the appearance of the site, contact information and links to local, state (elsewhere in the United States), federal and internationa…

The Online Warrant Repository/Registry created by this Chapter shall not replace, take the place of, or be used in lieu of the official Warrant Repository maintained and administered by the Superior Court of Guam.

The Judiciary is not civilly or criminally liable for any erroneous information posted on the Online Warrant Repository/Registry, provided that such information is removed within five (5) days of the validation of the error.

Cal. Penal Code § 851.5 (See B. Witkin, Cal. Criminal Procedure, Proceedings Before Trial § 118-119 (1963 Supp. 1973).) Section 2065(c) provides a sanction to encourage compliance with the requirements of this Section, but police officers should be alert to avoid misuse of this S…