People of the Territory of Guam v Johnson [1997] GUSC 8; 1997 Guam 09 (22 June 1997)

IN THE SUPREME COURT OF GUAM
TERRITORY OF GUAM

PEOPLE OF THE TERRITORY OF GUAM
Plaintiff/Appellant,

vs.

MARK STEVEN JOHNSON
Defendant/Appellee.

Criminal Case No. CRA 96-003
Filed: June 22, 1997

Cite as: 1997 Guam 9

Appeal from the Superior Court of Guam
Argued and Submitted 29 January 1997
Agana, Guam

Appearing for the Plaintiff-Appellant:
GERALD EGAN, Esq.
Assistant Attorney General
Office of the Attorney General
Prosecution Division
Suite 2-200E, Judicial Center Building
120 West O’Brien Drive
Agana, Guam 96910

Appearing for the Defendant-Appellee:
F. RANDALL CUNLIFFE, Esq.
Cunliffe & Cook
A Professional Corporation
Suite 200
210 Archbishop F.C. Flores Street
Agana, Guam 96910

_______________

OPINION

BEFORE: PETER C. SIGUENZA, Chief Justice, JANET HEALY WEEKS, and MONESSA G. LUJAN,[1] Associate Justices.

PER CURIAM:

This is a timely appeal filed by Appellant Territory of Guam (APeople@) and arises from a trial court decision which granted Defendant-Appellee Mark Steven Johnson’s (AJohnson@) motion to suppress evidence obtained during a traffic stop. Based upon the record and the applicable law, this Court denies the relief sought and hereby affirms the order suppressing the evidence obtained from the traffic stop.

I.

[1] At about 2:10 a.m. on the morning of June 11, 1995, Officer Nys (ANys@) of the Guam Police Department (AGPD@) was patrolling the area around Club Texas and Pamela >76 in Anigua, Guam. Nys was approached by an individual who reported that an African-American male driving a blue Nissan Pathfinder, license plate number Mangilao 2807, had asked the individual if he would like to purchase some crystal methamphetamine. Upon questioning by the police officer, the individual refused to provide his name, indicating that he preferred to remain anonymous. Nys described the individual as a Caucasian military-type male who did not appear to be joking. Nys also testified that the individual appeared intoxicated, but not drunk.

[2] Nys left the Club Texas area and headed south on Route One towards the G.C.I.C. building. Nys observed a northbound blue Pathfinder execute a right turn near Kentucky Fried Chicken in Anigua and head towards West O'Brien Drive. Nys followed the vehicle and confirmed that the license plate matched the number provided by the anonymous informant. Nys proceeded to conduct a traffic stop A[b]ecause of the fact that the informant had advised me that this car may possibly be dealing narcotic substances.@ Nys' search of the vehicle revealed a black pouch underneath the driver's seat. Inside the black pouch, Nys discovered a package wrapped with a Narcotics Anonymous schedule. Nys opened the package and found what appeared to be, five Aplates@ of ice. Johnson was arrested and subsequently charged with possession of a controlled substance with intent to deliver.

II.

[3] This Court is presented with the issue of whether Officer Nys was justified in stopping Appellee Johnson’s vehicle. This Court undertakes a de novo review of the trial court’s legal conclusion that there was not a reasonable suspicion sufficient to justify an investigatory stop, however, the findings of fact relied on by the trial judge in drawing the legal conclusion are reviewed for clear error. U.S. v. Lee, 68 F.3d 1267, 1270 (11th Cir. 1995); U.S. v. Santamaria-Hernandez, 968 F.2d 980, 983 n.3 (9th Cir. 1992). Such findings include Awhat information the officers had, what acts were performed, and what statements were made.@ U.S. v. Bold, 19 F.3d 99, 102 (2nd Cir. 1994). The facts are also construed in a light most favorable to the party prevailing at the trial level. U.S. v. Lee, 68 F.3d 1267, 1270 (11th