People of Guam v Santos [1999] GUSC 1; 1999 Guam 01 (1 February 1999)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM,

Plaintiff-Appellant,

vs.

MELVIN ROSARIO SANTOS,

Defendant-Appellee.

OPINION

Supreme Court Case CRA97-005
Superior Court Case CF0243-95

Filed: February 1, 1999

Cite as: 1999 Guam 1

Appeal from the Superior Court of Guam

Submitted without oral argument December, 1997
Hagåtña, Guam

Counsel for Plaintiff-Appellant: Gerad Egan, Assistant Attorney General Office of the Attorney General Prosecution Division 2-200E, Judicial Center Building 120 West O=Brien Drive Hagåtña, Guam 96910

Counsels for Defendant-Appellee: Michael Bordallo, Esq. Marcelene Santos, Esq., (On the Brief) Phillips and Bordallo, P.C. 410 West O=Brien Drive Hagåtña, Guam 96910

BEFORE: PETER C. SIGUENZA, Chief Justice, JANET HEALY WEEKS and BENJAMIN J.F. CRUZ, Associate Justices.

SIGUENZA, C.J.:

[1] The People of Guam appeal the lower court=s decision to suppress drug evidence found during the warrantless search of the home of Melvin Santos, the Defendant-Appellee. The People specifically appeal the trial court=s finding that Santos= consent was obtained by coercion. They also appeal the trial court=s failure to find that exigent circumstances existed at the time of the search.

[2] The evidence presented at the suppression hearing shows the consent obtained by the police was voluntarily given by Santos. However, our review of the record indicates that probable cause, a prerequisite to a finding of exigent circumstances, was never established by the prosecutor. Consequently, we reverse the lower court=s suppression of evidence based on its finding that the consent was coerced. Because probable cause was never established, we do not reach the issue of whether exigent circumstances existed at the time of the search.

I.

[3] On May 8, 1995, the Guam Police Department conducted a warrantless search of the home of Melvin Santos. They acted based on a tip indicating Michael Gimenez, an escaped prisoner, was hiding in a shack located behind Santos= residence. The information received by the police indicated Santos was also providing firearms to the escapee.

[4] Acting upon the information, the police assembled in the late morning of May 8, 1995 near Santos= Mangilao residence. The participating officers were then briefed on the general layout of the residence and given specific assignments as to the search. The briefing took place during a five to ten minute time period.

[5] The police, wearing their regular black battle dress uniforms, entered upon the property with weapons drawn.[1] The officers encountered Santos and another male individual. The police then informed Santos they were looking for the escaped prisoner and requested Santos= consent to search a structure consisting of an office, paint shop, and garage.[2]