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…

Chapter. (a) In any case where a person is not arrested upon a warrant and such person does not demand to be taken before a judge, the arresting officer or any other officer into whose custody the person is placed instead of taking such person before a judge as required by § 45.1…

(a) If an officer determines that the person arrested should be released, the officer shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time and place when and where the person shall appear …

The officer shall forthwith deliver the copy of the notice to appear to the prosecuting attorney charged with the duty to prosecute the offense charged. At or before the time at which the person promised to appear, if the prosecuting attorney determines that the offense should be…

Notice to Appear. When a person signs a written promise to appear as provided in this Chapter and fails to appear as promised, a warrant for his arrest may be issued by the court in which he promised to appear at any time after such failure. NOTE: Section § 25.40 provides separat…

is Felony; Misdemeanor if Offense Misdemeanor. Any person who willfully violates his written promise to appear in court is: (a) guilty of a felony, if he was released in connection with a charge of felony. (b) guilty of a misdemeanor, if he was released in connection with a charg…

Whenever a peace officer encounters any person under circumstances which reasonably indicate that such person has committed, is committing or is about to commit a criminal offense, the peace officer may detain such person. COMMENT: Chapter 30, the Stop and Frisk Act, has been tra…

Detention pursuant to § 30.10 shall be for the purpose of ascertaining the identity of the person detained and the circumstances surrounding his presence abroad which lead the officer to believe that he had committed, was committing, or was about to commit a criminal offense, but…

No person shall be detained under the provisions of § 30.10 longer than is reasonably necessary to effect the purposes of that section, and in no event longer than fifteen (15) minutes. Such detention shall not extend beyond the place where it was first effected or the immediate …

If at any time after the onset of the detention authorized by § 30.10, probable cause for arrest of the person shall appear, the person shall be arrested. If after an inquiry into the circumstances which prompted the detention, no probable cause for the arrest of the person shall…

Whenever a peace officer authorized to detain any person under the provisions of § 30.10 reasonably believes that a person whom he has detained, or is about to detain, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or another, the peac…

Nothing seized by a peace officer in the search authorized by § 30.50 shall be admissible against any person in any court of this Territory unless both the detention and the search which disclosed its existence was authorized by, and conducted in compliance with, the provisions o…

(a) A search warrant is a written order issued by a judge of the Superior Court directing a peace officer to conduct a search for the purpose of seizing property and holding any property seized pending further order of the court. (b) As used in this Chapter, the term property inc…

A warrant may be issued to search for and seize any (a) property that constitutes evidence of the commission of an offense, (b) contraband, the fruits of crime, or things otherwise criminally possessed, or (c) property designed or intended for use or which is or has been used as …

(a) A warrant shall issue only on an affidavit sworn to before the judge and establishing grounds for issuing the warrant. The finding of probable cause may be based upon hearsay evidence in whole or in part. Before ruling on a request for a warrant the judge may require the affi…

A search warrant may be executed by any peace officer specifically named in the warrant or by any peace officer assisting him provided that one of the officers specifically named in the warrant is present at the location. NOTE: Section 35.25 is substantively the same as former § …

To execute a search warrant a peace officer may break open the door the or window of any house if, after giving notice of his authority and purpose, he is refused admittance. NOTE: Section 35.30 is substantively the same as former § 1531. See also Cal. Pen. Code § 1531. See gener…

The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return…

All property seized pursuant to a search warrant shall be retained by the officer in his custody, subject to the order of the court to which he is required to make his return or of any other court in which the offense in respect to which the property taken is triable. NOTE: Secti…

(a) A person aggrieved by an unlawful search and seizure may move the court for the return of the property on the ground that he is entitled to lawful possession of the property which was illegally seized. The judge shall receive evidence on any issue of fact necessary to the dec…

The judge who has issued a search warrant shall attach to the warrant a copy of the return, inventory and all other papers in connection therewith and shall file them with the clerk of the court. NOTE: Section 35.50 is identical to former Rule 41(g). See also Fed. R. Crim. P. 41(…

to modify its prior release order on a showing that such modification is needed. Subsection (b), on the other hand, is more limited in that the court must find either that there have been willful violations of his prior order or that a court or grand jury has found probable cause…

At his first appearance before a judge of the Superior Court, every person charged with an offense shall be ordered released pending trial in the manner and subject to the conditions provided by §§ 40.15 and 40.20. NOTE: Section 40.10 is an introductory provision comparable to th…

Permitted. (a) As used in this Section, ‘release on own recognizance’ means release of the person charged without bail and upon his written agreement to appear in court at all required times and places and to fully comply with any other court-ordered conditions and restrictions. …

Where the judge determines that release of the person charged on his/her own recognizance will not reasonably assure his/her appearance as required, or will endanger the safety of any other person or the community, the judge shall impose the least onerous of the following conditi…

(a) Where a bond secured by a surety is required pursuant to this Chapter, the judge may require the person seeking to be the surety to show by affidavit that he is worth the amount of the bond and is otherwise responsible. In the affidavit the person may be required to describe …

Where a person is released pursuant to this Chapter on an appearance bond secured by a surety, and it is thereafter shown, on noticed motion, that the surety is no longer worth the required amount or has become otherwise insufficient, the court may order the furnishing of such ad…

Clerk. A person released pursuant to this Chapter on the condition that an appearance bond secured by a qualified surety be furnished, may, at any time before declaration of forfeiture, deposit with the clerk of the court a sum equal to the amount of the bond, and upon the deposi…

Any deposit required or authorized as a condition of release may be made by the person released or by any other person. A receipt shall be issued in the name of the depositor. If the money remains on deposit at the time of a judgment for the payment of a fine, the clerk shall, un…

Any person released pursuant to this Chapter on a deposit by a third person or an appearance bond secured by a surety, may be arrested by the depositor, surety, or his agent, and delivered to the custody of the Chief of Police. The depositor or surety shall at the same time deliv…

(a) A person for whom conditions of release are imposed pursuant to this Chapter, and who after twenty-four (24) hours from the time of release hearing continues to be detained as a result of his inability to meet the conditions of release, shall, upon application, be entitled to…