People of Guam v. Joseph Quichocho Taimanglo II (aka Joseph Quichocho Taimanglo; aka Baby Joe; aka Joseph Quintanilla Taimanglo II)

2025 Guam 7
CourtSupreme Court of Guam
DecidedOctober 23, 2025
DocketCRA24-009
StatusPublished

This text of 2025 Guam 7 (People of Guam v. Joseph Quichocho Taimanglo II (aka Joseph Quichocho Taimanglo; aka Baby Joe; aka Joseph Quintanilla Taimanglo II)) is published on Counsel Stack Legal Research, covering Supreme Court of Guam primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People of Guam v. Joseph Quichocho Taimanglo II (aka Joseph Quichocho Taimanglo; aka Baby Joe; aka Joseph Quintanilla Taimanglo II), 2025 Guam 7 (guam 2025).

Opinion

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM, Plaintiff-Appellant,

v.

JOSEPH QUICHOCHO TAIMANGLO II (aka Joseph Quichocho Taimanglo; aka Baby Joe; aka Joseph Quintanilla Taimanglo II), Defendant-Appellee.

Supreme Court Case No. CRA24-009 Superior Court Case No. CF0428-23

OPINION

Appeal from the Superior Court of Guam Argued and submitted on February 21, 2025 Hagåtña, Guam

Appearing for Plaintiff-Appellant: Appearing for Defendant-Appellee: Nathan M. Tennyson, Esq. Peter J. Santos, Esq. Acting Deputy Attorney General (former) Assistant Alternate Public Defender Office of the Attorney General Alternate Public Defender Appellate & Writing Division MVP Commercial Bldg. 590 S. Marine Corps Dr., Ste. 801 777 Route 4, Ste. 109 Tamuning, GU 96913 Sinajana, GU 96910 People v. Taimanglo, 2025 Guam 7, Opinion Page 2 of 20

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

CARBULLIDO, J.:

[1] Defendant-Appellee Joseph Quichocho Taimanglo II was the passenger of a vehicle

involved in a serious crash after a police chase. The vehicle veered out of control, went airborne,

did two 360-degree spins, and hit a concrete utility pole. Taimanglo exited the vehicle and began

running before being detained—but not arrested—by a police officer. Another officer

investigating the crash scene found a cell phone on the ground near the passenger side of the

vehicle. When Taimanglo saw the officer holding the phone he said, “That’s my cell phone.”

Although Taimanglo was detained, neither officer believed they had probable cause to arrest him.

Despite Taimanglo claiming ownership of the phone, the officer removed the phone’s case,

revealing a small baggie of methamphetamine. Taimanglo was charged with Possession of a

Schedule II Controlled Substance (as a Third Degree Felony). Taimanglo successfully moved to

suppress the evidence seized, arguing his Fourth Amendment rights were violated.

[2] Plaintiff-Appellant People of Guam (the “People”) appeal the trial court’s ruling, arguing

that if Taimanglo had any reasonable expectation of privacy in his phone, it was so diminished

that it was not violated by the officer’s search of his phone. The People also argue the trial court

applied the wrong legal standard. Alternatively, they claim that even if the search was illegal,

discovery of the contraband was inevitable. We conclude the trial court applied the correct legal

standard. Furthermore, the People did not preserve their lost property and inevitable discovery

claims for appellate review.

[3] We affirm. People v. Taimanglo, 2025 Guam 7, Opinion Page 3 of 20

I. FACTUAL AND PROCEDURAL BACKGROUND

[4] Taimanglo was the passenger of a white Volkswagen Jetta that was evading police. Guam

Police Department (“GPD”) officers began chasing the white sedan after the driver allegedly sped

off from a traffic stop. Multiple police officers driving multiple police cruisers engaged in the

chase, including Officers Isaiah Ibanez and Wilfred Skilling. As the chase wound through Dededo

and into Yigo, Officer Skilling became the lead car in the chase.

[5] Officer Ibanez testified that the vehicles involved in the chase were going faster than 60

miles per hour. Near the front gate of Andersen Air Force Base, the driver of the white sedan lost

control after attempting to turn and crashed into the base of a utility pole. Officer Skilling testified

that the vehicle “went airborne briefly, spun around two times, and then came to a complete stop.”

Transcript (“Tr.”) at 40 (Hr’g, Oct. 26, 2023). Officer Skilling testified that Taimanglo exited the

crashed vehicle from the passenger side door and began to run toward the base. Officer Skilling

chased Taimanglo and eventually detained him. Both officers testified that, at this time, Taimanglo

was not under arrest, and neither officer believed they had probable cause to arrest him for any

offense.

[6] Meanwhile, Officer Ibanez began to investigate the scene of the crash. Officer Ibanez

found two cell phones—one with a brown case—on the ground outside the passenger side of the

white sedan. Officer Ibanez gave contradictory testimony at the suppression hearing about what

happened next. Officer Ibanez’s testimony on direct examination contradicted what he wrote in

his police report. Id. at 27–28 (discussing timing of removing phone case). Faced with these

contradictions, the trial court made these findings of fact:

8. Officer Ibanez decided to remove the cover from the cell phone. He did so because in his experience, individuals sometimes leave their ID or bank cards inside the case of their cell phone.

.... People v. Taimanglo, 2025 Guam 7, Opinion Page 4 of 20

12. Immediately after Officer Ibanez began to remove the cell phone’s cover, Officer Skilling appeared nearby, escorting Defendant to one of the patrol cars.

13. When Defendant saw Officer Ibanez holding the cell phone with the cover on it, Defendant stated something like “yeah, that’s my cell phone.”

14. At this exact moment, according to the testimonies of Officer Skilling and Officer Ibanez, neither officer believed they had probable cause to make an arrest on Defendant.

15. Officer Ibanez nonetheless opened the cell phone case and found a “small clear resealable baggie” containing suspected methamphetamine.

Record on Appeal (“RA”), tab 34 at 2–3 (Dec. & Order, Apr. 3, 2024) (citations omitted). After

a field test “yielded a ‘presumptive positive’” for methamphetamine, Officer Skilling arrested

Taimanglo. Id. at 3.

[7] Taimanglo was charged with Possession of a Schedule II Controlled Substance (as a Third

Degree Felony). Taimanglo moved to suppress the evidence seized, arguing Officer Ibanez’s

search of his phone violated the Fourth Amendment. The People argued that the protections of

the Fourth Amendment did not apply because Taimanglo had abandoned his phone, or,

alternatively, it was a valid inventory search.

[8] The trial court made these findings about the inventory search argument:

9. Officer Ibanez testified that whenever he is investigating a potential crime scene, he “conducts an inventory” and collects the personal property he finds.

10. Officer Ibanez testified that this practice is pursuant to established GPD policy, which allows officers to confiscate items either for “safekeeping or evidence.”

11. No written versions of the purported GPD policy (or policies) in question have been brought before the Court.

RA, tab 34 at 2–3 (Dec. & Order) (citations omitted).

[9] After the suppression hearing, the trial court granted the motion to suppress. The trial court

concluded that the evidence did not show that Taimanglo abandoned his cell phone. Relying on People v. Taimanglo, 2025 Guam 7, Opinion Page 5 of 20

Ninth Circuit precedent, the trial court stated, “Determining whether an object has been abandoned

is primarily ‘a question of intent,’ as an abandonment ‘must be voluntary.’” Id. at 5 (quoting

United States v. Stephens, 206 F.3d 914, 917 (9th Cir. 2000)). The court determined that although

the People’s burden of proof to show abandonment was unclear under federal case law, “two

important factors” to consider were (1) “denial of ownership” and (2) “physical relinquishment of

the property.” Id. (quoting United States v. Nordling, 804 F.2d 1466, 1469 (9th Cir. 1986)). The

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