People of Guam v Sharp [2017] GUSC 19 (27 December 2017)

IN THE SUPREME COURT OF GUAM

THE PEOPLE OF GUAM,
Plaintiff-Appellant,

v.

JOSHUA ALAN SHARP,
Defendant-Appellee.

Supreme Court Case No. CRA17-003
Superior Court Case No. CF0529-16

OPINION

Filed: December 27, 2017

Cite as: 2017 Guam 19

Appeal from the Superior Court of Guam
Argued and submitted on October 25, 2017
Hagåtña, Guam

Appearing for Plaintiff-Appellant: James C. Collins, Esq. Assistant Attorney General Office of the Attorney General Prosecution Division 590 S. Marine Corps Dr., Ste. 706 Tamuning, GU 96913

Appearing for Defendant-Appellee: F. Randall Cunliffe, Esq. Cunliffe & Cook, P.C. 210 Archbishop Flores St., Ste. 2000 Hagåtña, GU 96910

BEFORE: KATHERINE A. MARAMAN, Chief Justice; F. PHILIP CARBULLIDO, Associate Justice; ROBERT J. TORRES, Associate Justice.

MARAMAN, C.J.:
[1] People of Guam (“People”) appeal from a trial court order suppressing evidence of drugs and drug paraphernalia discovered during a search of Defendant-Appellee Joshua Alan Sharp’s person and hotel room. In this appeal, we consider whether a warrantless arrest pursuant to 8 GCA § 20.15(a)(3) requires the misdemeanor, for which an officer has reasonable cause to believe has been committed, to be committed “in the officer’s presence.” We also consider whether a vacant hotel room constitutes a “dwelling” under 9 GCA § 37.30.
[2] Because we hold that a vacant hotel room is a “dwelling” under 9 GCA § 37.30 and officer presence is not required under 8 GCA § 20.15(a)(3), we reverse the suppression order and remand to the trial court for proceedings not inconsistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

[3] A grand jury indicted Sharp on four charges: Possession of a Schedule II Controlled Substance with Intent to Deliver; Promoting Major Prison Contraband; Possession of a Schedule II Controlled Substance; and Criminal Trespass. The indictment was predicated on the following alleged facts upon which the parties agreed for this appeal:
[4]