J; `E "L 'E D
l CLER!( OF COljRT CLERk.
2 zaps SEQ -'5 pm 2: Up: 3 SUPEFHOR CQURT
4 OF G; *FIG 9 »
n .+ . . u v a#
i
I
5
6 IN THE SUPERIOR SUPERIOR COURT OF GUAM
7
8 PEOPLE OF GUAM, CRIMINAL CASENO. CRIMINAL CASE no. CF0316-25 9 9 vs.
10 DECISION AND ORDER 11 11 CHRIS JUNIOR ANDERSON ANDERSON
12 12 TEDTAOTAO, 13 Defendant.
14
15 INTRODUCTION
16 This matter came before the Honorable Vernon Vernon P.
P. Perez
Perezon
onAugust
August14,.
14, 2025, for hearing
17 17 on on Defendant TEDTAOTAO's ("Deflendant")
Defendant CHRIS JUNIOR ANDERSON TEDTAOTAO's ("Defendant") Motion to to
18 18 Suppress. Suppress. Present Present were Assistant
Assistant Attorney General General Dante
Dante CH Harootunian on behalf Harootunian on behalf of the the
19 People of ofGuam
Guam ("the
("theGovernment")
Government")and
andDefendant
Defendant with
with counsel,
counsel, Thomas
Thomas J.
J. Fisher.
Fisher. Having
20 20 reviewed the the pleadings,
pleadings, the
the arguments
arguments presented, and the presented, and the record, record, the
the Court now issues
issues the
the
21 following following Decision Decisionand
and Order.
22 22 BACKGROUND
23 23 On On May 16,
16, 2025, Defendantwas
2025, Defendant wasindicted indictedwith
withthe
thefollowing
following charges:
charges: (1)
(1) Possession of
of
24 24 a Concealed Firearm (As (As a Third Degree Felony);
Felony);(2)
(2)Possession
PossessionofofaaFirearm
Firearmwithout
without aa Firearms
Firearms
25 25 Identification Card (As Identification Card (As a Third Degree Felony); (3)
(3) Possession
Possession of
of aa Schedule
Schedule II
II Controlled
Controlled
26 26 Substance (As aaThird Substance (As ThirdDegree DegreeFelony);
Felony); ((4)
4) Theft by Receiving
Receiving Stolen
Stolen Firearm (As
(As a Third Degree
27 Felony); (5)
(5) Impersonating
Impersonating aa Police
Police Officer
Officer (As
(As aa Misdemeanor); (6) Eluding Misdemeanor); (6) Police Officer Eluding a Police
28 28 (As (As aa Misdemeanor); and (7)
Misdemeanor); and (7) Display Display of
of Blue
Blue Lights
Lights(As
(As aa Violation).
Violation). (Indictment,
(Indictment, May 16,
16,
People v. Tedtaotao Case No. CF0316-25 Case No. Decision Decision and and Order
Page 1 of9
of 9
1 2025). On OnMay
May22,
22,2025,
2025, at
at Arraignment,
Arraignment, Defendant
Defendantasserted
asserted his
his right
right to a speedy
speedy trial.
trial. On June
2 24, 2025, Defendant waived his right to a speedy trial.
trial. Defendant
Defendant subsequently
subsequently re-asserted
re-asserted his
3 right to a speedy trial on July 22, 2025. .
4 On July 24, 2025, filed the 2025, Defendant filed the instant instant Motion.
Motion. Defendant moves the Court Court to
5 suppress all all evidence
evidence in this matter because because the
the Guam
Guam Police
Police Department ("GPD") did not have
6 any reasonable reasonable suspicion to effectuate effectuate a traffic
traffic stop,
stop, citing People v. Mansapit, Mansapit, 2016 Guam
7 generally, Mot. Suppress, Jul. 24, 2025.
30. See generally,
8 On August 6, 2025, the the Government
Government filed its Opposition.
9 1 On August 14, 14, 2025, the Court heard sworn testimony from GPD Officer Officer Eugenius K.
10 10 Pewtress and Detective Joe G. Nucum. After Afterhearing
hearingbrief
briefarguments
arguments from
from the
the parties,
parties, the Court
11 11 under advisement.
placed the matter under .
12 12 The Court ascertained the the following
following facts
facts from
from witness testimony:
13 13 1. Ananonymous l. An anonymoususer
userposted
postedon
onaaFacebook
Facebook group,
group, Guam
Guam Crime
Crime Watch
Watch Community
14 14 Accountability and Transparency, Accountability and Transparency, aa photograph photograph of
of the
the back
back of a White Chevrolet Chevrolet
15 15 Tahoe with the license plate MZ7200.
MZ7200. The
The post
post indicated
indicated the vehicle had had blue lights
16 16 and appeared to be appeared to be pulling
pulling people
people over.
over. The
The post
post questioned
questioned if the Tahoe was was an
an
17 17 unmarked police vehicle.
18 18 2. Officer Officer Pewtress and
and other
other officers
officers saw
saw the
the social
social media
mediapost
poston
onMay
May1,1,2025
2025.
19 19 3. After seeing the post, Officer Pewtress Pewtress recalled
recalled that
that he
he and Detective
Detective Nucum had
had
20 spoken to aa confidential informant regarding an unrelated case some days prior who
21 had mentioned that he or she had a friend friend from Afame Road in in Sinajana
Sinajana who was
was
22 pulling people over over with blue lights. Detective Nucum testified that the the CI told him
him
23 23 the friend was Chris Tedtaotao who stayed in Afame Aware next
next to an illegal drug trafficking 24 24 house. 25 4. Officer Officer Pewtr
Pewtress ran the license
license plate
te on the
the DMV
DMV da ta se. TThe
database. he license
license pla te
plate
26 26 belonged elonged too aa 22013
0 1 3 CChevrolet
hevr olet TTahoe
a hoe aand
nd wa s r egis
was t er ed tto
registered o CCathy
a t hy Na ka mu r a
Nakamura
27 27 Cruz.
uz. Upon
Upon fur ther rresearch,
further esea ch, Officer Pewtr ess learned Officer Pewtress lea r ned that tha t Ms.
Ms. Cruz
uz was the
the
28
People v.
v. Tedtaotao
CaseNo.
No. CF0316-25
CF0316-25
Decision Decision and and Order
Page 2 of9
of 9
1 significant other of significant other of Defendant.
Defendant. Officer
Officer Pewtress
Pewtress also
also discovered
discovered that the
the vehicle's
2 insurance expired in October 2024.
insurance expired 2024.
3 Thefirst 5. The firstime
timeOfficer
OfficerPewtress
Pewtresssaw
sawthe
thevehicle
vehicleininperson
personwas
was on
on May
May 8,
8, 2025
2025 in
in the
4 early afternoon. Officer OfficerPewtress
Pewtresssaw
sawthe
thevehicle
vehicleatatthe
the listed
listedaddress
address of the registered 5 owner in Afame, Sinajana.
Sinajana. The
Thevehicle
vehiclewas
wasnot
notmoving
movingor
orininthe
theroadway
roadway at
at that
that
6 time.
7 6. Officer OfficerPewtress
Pewtresstestified that
testified thatthe
thevehicle
vehicleappeared
appearedunattended
unattendedas
as ititwas
was parked
parked at
at the
8 address. Officer Pewtress listed address. Pewtress could not see ififthere there were
were any
any occupants
occupants in
in the
the
9 vehicle as the car as the car was
wasvery
very well
well tinted (dark).
10 7. Officer OfficerPewtress
Pewtresstestified
testifiedthat
thathe
heand
andDetective
DetectiveNucum
Nucumwere
wereininthe
thearea
area because
because they
11 11 were doing doing aa drive
drive by
by making
making checks
checks of
of other
other houses for drug
houses for trafficldng. Officer drug trafficking.
12 12 Pewtress testified that they were not specifically that they specifically there there to
to check
check the
the residence where
13 13 the Tahoe was located.
located.
L 14 14 8.
8. Later
Later that
that afternoon
afternoon around
around 3:00
3:00 p.m.,
p.m., Officer
Officer Pewtress
Pewtress and
and Detective
Detective Nucum
Nucum
15 15 observed the vehicle observed the vehicle parked parkedatatMJ
MJ Market
Marketoff
off Route
Route 44 in Chalan Palo. Officer Chalan Pago. Officer
16 16 Pewtress and Detective Pewtress and Detective Nucum Nucum were in
in an
an unmarked police vehicle, unmarked police vehicle, also also a white
17 17 Chevrolet Tahoe.
Tahoe. Detective
DetectiveNucum
Nucum was
was driving.
18 18 9.
9. Officer
OfficerPewtress
Pewtress testified
testified that
that he
he and
and Detective
Detective Nucum
Nucum were
were just
just motoring
motoring and
and
19 19 happened happened totosee
seethe
thevehicle.
vehicle. Officer
Officer Pewtress
Pewtress did
did not
not see
see the Tahoe driving on
on the
20 road prior prior to
to seeing
seeing itit at
atthe
theparking
parkinglot
lotof
ofMJ
MJMarket.
Market. The front of
of the
the vehicle
vehicle was
was
21 facing in in towards MJ Market.
Market.
22 10. Detective Nucum 10. Detective Nucum parked parked their
their unmarked
unmarkedpatrol
patrolvehicle
vehicleatatthe
the entrance
entranceof
of Naki
Niki
23 Street.
Street. Officer
OfficerPewtress
Pewtressand
and Detective
DetectiveNucum
Nucumobserved
observed that
that the vehicle did
did not have
24 a front front license
license plate
plate attached when itit motored attached when out of the motored out the store
store area
area onto
onto Route
Route
25 4. Officer OfficerPewtress
Pewtressconfirmed
confirmedon
onthat
thatday
daythat
that the
the insurance for the
insurance for the vehicle vehicle was still
26 26 expired.
27 27 ll.
11.After
Afterthe
theTahoe
Tahoeleft MJ
left MJMarket,
Market,it itmade
madea aright
righturn
turnsouthbound
southbound on
on Route 4.
28
People People v.
v. Tedtaotao
Case No.
No. CF0316-25
Decision Decision and and Order
Page 3 of9
of
\
1 12. The Tahoe traveled traveled along
along Route
Route 44 and
and entered
entered the
the parking
parking lot
lot of
ofanother
another store
store -- Chalan
2 Pago Far Pogo Familia Mart.
Mart. The Tahoe was in the process of of reverse parldng
parking when Officer
Officer
3 Pewtress and Detective Nucum approached the vehicle at at an angle.
4 13. Detective Nucum Nucum activated
activated the
the lights
lights and
and sirens
sirens to
to effectuate
effectuate aa traffic
traffic stop. Instead of
of
5 stopping, however, the operator looked looked towards
towards their
their direction and accelerated out of of
6 the parking lot with with aa high
high rate
rate of
of speed.
speed. Officer Pewtress observed a male male individual
7 with a hat operating the car.
8 14. Officer 14. Officer Pewtress
Pewtress and
and Detective
Detective Nucum
Nucum continued
continued to
to follow
follow and monitor the Tahoe
9 with lights and sirens activated.
10 15. The operator drove drove in a reckless
recldess manner making unsafe lane changes, surpassing the
11 How flow of traffic,
traffic, driving
driving at aa high
high speed,
speed, and not using turn tum signals.
12 12 16.
16. When they approached
approached the
the Route
Route 10
10 traffic
traffic intersection, the operator operator went
went to the farfar
-
13 right lanes, bypassed stopped traffic on the left tum tum lanes, and ran the
the red
red light
light making
making
14 a left tum turn onto Route 10.
15 15 17. The operator continued eluding at a high rate of of speed, traveling in the center lane at
16 16 times. Officer Officer Pewtress
Pewtress testified
testified dust
dust could
could be seen
seen flowing
flowing up
up in
in the air.
air.
17 18. As Officer Pewtress Pewtress and Detective
Detective Nucum
Nucum followed the Tahoe, the operator continued continued
18 18 to surpass to the flow
surpass the flow of traffic traffic at
at aa high
high rate
rate of
of speed.
speed. When
When they
they approached
approached the
19 intersection of of Route 10
10 and UOG drive
drive in
in Mangilao,
Mangilao, the
the traffic
traffic light
light was red, and the
20 20 operator went to the center lane to to bypass
bypass stopped
stopped traffic.
traffic. Officer Pewtress observed
21 an individual running across the street to avoid getting hit.
22 24. Officer Pewtress Pewtress and
and Detective
Detective Nucum
Nucum continued
continued to
to follow
follow the
the Tahoe.
Tahoe. As the vehicle
23 23 approached the intersection approached the of Route 10 intersection of 10 and and Coreen
Corten Torres
Torres Street
Street Mangilao,
Mangilao, the
24 operator ran another red light and continued to surpass the flow of traffic conducting of traffic
25 unsafe lane changes. At Atthe
the next
next intersection
intersection (Route
(Route 10
10 and
and Dairy Road in Mangilao), 26 26 the traffic light was traffic light red, and also red,
was also and the
the Tahoe
Tahoe made
made aa left
left tum
tum onto
onto Dairy
Dairy Road.
Road. The
27 27 operator continued to travel at aa high high rate
rate of
of speed
speed on Dairy Road before making an
28
People v.
v. Tedtaofao
Tedtaotao
Case No.
No. CF0316-25
Decision Decision and and Order
Page 4 of9
1 abrupt right abrupt right tum
tum onto Street in
onto Blas Street in Banigada Barrigada and
and then
then an
an abrupt
abrupt right turn
tum onto
2 Road in Leyang Road in Bam'gada.
Barrigada.
3 28. Officer Pewtress and Officer Pewtress and Detective Detective Nucum
Nucum continued
continued to
to follow the Tahoe
follow the Tahoe at rate of at aa high rate of
4 speed. The speed. Theoperator
operator made
made aa left
leftturn
tum back
back onto Route
Route 10
10 in
in Banigada
Barrigada and
and motored
5 northbound towards northbound towards the
thetri-intersection.
tri-intersection.
6 29. As they 29. they approached
approached the
the tri-intersection,
tri-intersection, Officer that traffic was Officer Pewtress observed that was 7 built up. DetectiveLucius up. Detective Lucius also also joined
joinedin
inthe
the chase
chase in
in another
another vehicle with
with lights
lights and
and
s8 sirens activated.
activated.
9 30. The Tahoe changed 30. changed from from the
the center
center lane to the
lane to the inner
inner lane, went to the
the right
right lane,
lane, and
and
10 eventually made a right tum Mm onto Route 16.
16.
11 31. Officer Pewtress 31. Officer Pewtress observed the Tahoe motoring at a slower slower rate
rate of
of speed.
speed. The
The driver's
driver's .
12 window was was rolled
rolled down
down and
and he could see the
the operator holding
holding a cell
cell phone
phone crying.
13 1 32.
32. The officers
officers continued follow the continued to follow the Tahoe. The TheTahoe
Tahoestill
stilldid
didnot
notstop
stop but
but eventually
14 14 Detective Detective Lucius
Lucius was
was able
able to somewhat off the front left somewhat cut off left side side of
ofthe
the Tahoe
Tahoe and
and the
15 15 operator made a right turn tum into a gravel road
road near Happy Mart
Mart and
and the Lumpia House
16 16 and finally finally stopped.
stopped.
17 17 33. Officer Pewtress, 33. Officer Pewtress, Detective DetectiveNucum,
Nucum, and
and Detective
DetectiveLucius
Lucius approached thevehicle approached the vehicle with
18 18 their firearms drawn.
drawn.
19 19 34. Detective Nucum 34. Detective Nucum and
and Lucius met with Defendant.
20 20 35.
35. Detective Nucum approached the driver's approached the driver's side side and
and observed the Defendant holding 21 his cell phone on aa video video call.
22 36. Defendantwas 36. Defendant wasinstructed instructedtotoopen
openthe
thedoor,
door,however
howeverhe
hedid
didnot
notcomply.
comply. Detective
23 23 Nucum reached into the the car
car and
and unlocked the door, extracted extracted Defendant and
and placed
24 him in in hand restraints.
hand restraints.
25 37. Officer Pewtress 37. Officer tried to Pewtress tried to open
open the
the rear
rear driver's
driver'sside
sidedoor
doorand
and could
could not
not see
see inside
inside due
due
26 26 to the dark tint. Officer dark tint. OfficerPewtress Pewtress entered
entered through the driver's side door through the door to sweep sweep the
27 car for other other occupants and weapons.
occupants and weapons. Officer Pewtress Pewtress did not find
find any
any other
other
28 28
People v. Tedfaotao People v. Tedtaotao Case No. CF0316-25 No. CF03
Decision and Decision and Order
Page 5 of
of9
1 occupants but observed occupants but observed aa clear clear glass
glass pipe
pipe with
with aa bulbous
bulbous end
end with
with suspected
suspected
2 methamphetamine.
methamphetamine. _
3 38. Officer Officer Pewtress
Pewtress conducted
conducted a further search searchof
of the
the vehicle
vehicle with Detective
Detective Nucum
Nucum and
and
4 found more suspected methamphetamineininthe suspected methamphetamine therear rearof
of the
the vehicle,
vehicle, a scale and
and other
5 suspected methamphetamineininthe suspected methamphetamine thecenter centerconsole.
console. A
A firearm
firearm was
was also
also found
found under
under
6 the front passenger seat.
seat.
7 39. Defendantwas 39. Defendant was escorted escortedtoto the
the patrol
patrol car.
car. A search search of
of his
his person
person was
was
8 conducted.
conducted. Defendant
Defendantwas
was arrested
arrested and
and transported to
to the precinct.
9 40. Detective Nucum testified testified that
that a license plate was later discovered in the the front of the
10 10 Tahoe on the the dashboard.
dashboard. Detective Nucum Nucum testified that
that the
the license
license plate
plate on the
the
11 dashboard wasnot dashboard was notvisible
visible when he looked
looked at
at the car.
12 12 41. GPD 41. was unable
GPD was unable to
to identify the anonymous who the
identify who anonymous user user on
on the
the Facebook
Facebook post
post
13 1 was. Officer was. OfficerPewtress
Pewtressacknowledged
acknowledgedthat
thatititcould
couldbe
bepossible
possiblethat
that the
the post
post contained
14 false information, however, he he testified
testified that
that he
he believed
believed ititwas
was truthful
truthful based
based on
on the
15 15 context of the context the Facebook
Facebook group it was
was posted
posted in (people
(people posting
posting things
things they
they were
16 concerned about in the community)..
17 17 42. Defendant was on probation at at the
thetime
time of this incident.
18 18 DISCUSSION
19 19 The issue issue before
before the
the Court
Court is
is whether
whether or
or not
not GPD
GPDhad
had reasonable
reasonable suspicion
suspicion to conduct
conduct a
20 20 traffic stop.
21 The Fourth Amendment to the the U.S. Constitution
Constitution"protects
"protectsagainst
againstunreasonable
unreasonable searches
searches
22 22 and and seizures andisismade seizuresand madeapplicable applicabletotoGuam
Guamviaviasection
section l42l(b)(c)
1421 of the
(b )(c) of the Organic
Organic Act
Act of
23 23 Guam."
Guam." People People v. Chargualaf, 2001 Guam1l ,r1114 2001 Guam (internalcitations 14 (internal citationsomitted).
omitted).Brief
Brief investigative
investigative
24 24 detentions are permitted detentions are permitted under underthe
theFourth
FourthAmendment
Amendment"when
"when aa police
police officer
officer has
has reasonable
reasonable
25 suspicion that that an
anindividual
individualwas
wasengaged
engagedin
inor
orisisabout
abouttotobe
beengaged
engagedin
inillegal
illegal conduct."
conduct." People
People
26 26 v.
v. Johnson, Johnson, 1997Guam ,r 4 (citing 1997 Guam 99 114 (citing Terry Terry v.
v. Ohio, 392 U.S.
U.S. 1l (l968)).
(1968)). "As
"Asa ageneral
generalmatter,
matter, the
the
27 27 decision to stop stop an
an automobile without a warrant is reasonable where the reasonable where the police have probable
28 cause to believe cause to believe that a traffic traffic violation
violationhas
has occurred.
occurred. Further,
Further, itit is
is reasonable
reasonable to
to stop
stop aa car where
People People v.
v. Tedtaotao
Tedtaotao
Case No. CF0316-25 Decision Decision and and Order
Page Page 66 of9
off
1 the police merely merely have
have aa reasonable
reasonable suspicion to believe the suspicion to the driver driver has
has committed
committed a traffic
2 violation." Chargualaf, violation." Chargualaf, 2001 Guam 1I ii 2001 Guam ~ 17 (citations omitted).
omitted). "In
"Inorder
orderto
to determine
determine whether
whether
3 an officer officer had had reasonable
reasonable suspicion sufficient sufficient to
to warrant
warrant a traffic
traffic stop,
stop, the
the court
court must look at the
must look
4 totality of ofthe
the circumstances, taking into account circumstances, taking the facts account the facts known
known to
to the
the officers from
from personal
personal
s5 observation."
observation." Johnson, Johnson, 1997
1997 Guam
Guam 99 116 (citation and quotation ~ 6 (citation quotation marks marksomitted).
omitted). Furthermore,
Furthermore,
6 the the reasonable suspicionmust reasonable suspicion mustexist existatat the
the time
time the
the stop
stop was
was initiated.
initiated. Id. (citation citation
7 omitted).
omitted). Reasonable suspicionrequires Reasonable suspicion requires"'some '"some minimal
minimallevel
level of
of objective justification'
justification' for
8 making making a stop, considerably less stop, but considerably less than thanthe
thelevel
level of suspicion
suspicion required for probable probable cause."
cause."
9 Mansapit, Mansapit, 2016 Guam 30~ii13 Guam30 13(quoting
(quotingUnited
UnitedStates
Statesv.v.Sokolow,
Sokolow,490
490U.S.
U.S.1,1,77(1989)).
(l989)).
10 10 Under Guam law:
law:
11 (a) The The license issued for license plates issued for all vehicles vehicles required
required to be
be registered
registered under
[Title 16]
16] shall be attached to the front front and rear
rearthereof
thereofand
and shall
shall not
not be
12 covered covered with
with plastic
plastic or
or other
other coverings
coverings ififthereby
therebythe
thelicense
licensenumbers
numbers andand letters
13 are not clearly visible.
are not clearly visible.
14 (b) Every Everylicense
license plate
plate shall
shall at
at all
all times
times be securely fastened fastened toto the vehicle vehicle for
for
which it is issued so as to prevent the plate from swinging, swinging, and
and at
at aa minimum
15 15 distance of twelve distance of twelve (12)
(12) inches
inches from
from the
the ground in a position
position to
to be
be clearly
clearly visible.
visible.
16 Every Every license
license plate
plate shall
shall be
be maintained
maintained free from
from foreign
foreignmaterials
materials andand in
in a
17 17 condition to to be
be clearly
clearly legible.
legible.
18 18 (c)
c) Every
Every license
license plate shall remain attached attached during the period of its validity to the vehicle
vehiclefor for which it is issued issued except
exceptasasotherwise
otherwisepermitted
permittedby by law
law with
19 19 reference reference to
to special
special plates
plates issued
issued to
to aa dealer
dealer or
or distributor,
distributor, and
and except plates
20 20 issued for for vehicles
vehicles which
which are
are exempt fromfrom payment of registration registration fees, or
or plates
plates
which bear other distinguishing marks marks or or symbols when such such vehicles vehicles are no
21 longer exempt Hom from payment of of registration fees, or no longer longer entitled
entitled to plates
22 22 bearing distinguishing marks or symbols. This SubsectionSubsection shall not apply to plates 23 which the Department of Revenue and and Taxation Taxation as as authorized authorized has ordered to be 23 surrendered, transferredto surrendered, transferred toanother anothervehicle
vehicle or
or removed.
removed.
24
* * *
***
25 16 G.C.A. §§ 7129 16 G.C.A. (a)-(c) (emphasis 7129 (a)-(c) (emphasis added).
added). "Any
"Anyperson
personwho
whooperates
operatesaa motor
motor vehicle
vehicle in
in Guam
Guam
26 26 and does not possess the insurance mandatedby insurance mandated by Sections 19102 19102 and 19104,
19104, shall
shall be
be subject to a
27 27 mandatory fine of mandatory fine of $500. Said fine $500. Said beimposed shall be
fine shall imposedby
bythe
theTraffic
Traffic Division
Division of
ofthe
the Superior
Superior Court
28
People v.
v. Tedtaotao
Case No.
No. CF0316-25
Decision Decision and and Order
Page 77 of9 Page of f 1 of Guam."
of Guam." 16 G.C.A. §§ 19106(b).
16 G.C.A. 19106(b). Section Section19102
19102 provides that "[e]ach provides that "[e]ach owner of a owner of motor vehicle
a motor vehicle
2 which is required required to be
be registered
registered in
in Guam
Guam shall
shall maintain the insurance maintain the insurancerequired requiredby
by[16
[16 GCA
GCA
3 Chapter 19].
l9]. This
Thisinsurance
insurance shall
shall be
be in
in effect
effectcontinuously
continuously during motor vehicle's during the motor vehicle's period of
4 registration."
registration." 16 16 G.C.A.
G.C.A. §§19102.
19102. Section
Section19104
19104 provides
provides that "[a]ny motor that "[a]ny motor vehicle vehicle which
which is
is
5 operated in Guam operated in Guammust mustbe
beinsured
insuredpursuant
pursuantto to [specific]limits."
[specific] limits." 16 16 G.C.A.
G.C.A. §§ 19104.
19104.
6 The Court finds that Officer Officer Pewtress
Pewtressand
and Detective
DetectiveNucum
Nucumhad
had reasonable
reasonable suspicion
suspicion that
7 Defendant committed traffic violations violations when
when they attempted to
to effectuate
effectuate aatraffic
traffic stop
stop at
atFamilia
Far ilia
8 Mart in Chalan Pago.
Palo. Defendant
Defendantwas
wasdriving
drivingaavehicle
vehiclewithout
withoutvalid
validinsurance,
insurance, a violation
violation of
of 16
16
9 GCA§§ GCA 19102and §§19102 and 19104, anddid 19104, and nothave
didnot haveaavisible
visiblelicense
licenseplate
platefixed
fixed to
to the
thefront
frontof
of his
hisvehicle,
vehicle,
10 10 a violation of a violation GCA§§7129.
16 GCA of 16 7129. Although AlthoughDetective
DetectivePangelinan
Pangelinantestified
testifiedthat
thataa license
license plate
plate was
was
11 later discovered in the front dashboard of the dashboard of thevehicle, vehicle, the
the license
license plate
plate was
was not
not visible
visible from the
12 12 front of ofthe
the car
car and
and clearly
clearlywas
was not
not attached
attached as
as required
required by the statute. While While the
the Facebook
Facebook post
13 may have flagged flagged GPD
GPD'ssinterest
interestin
inthe
thevehicle,
vehicle,Officer
Officer Pewtress and Detective Detective Nucum ultimately
14 14 attempted to effectuate attempted to effectuate aa traffic traffic stop after identifying the vehicle and and observing these specific 15 15 traffic violations. See See Chargualaf,
Chargualaf, 2001 Guam 1 ,ri[ 17.
2001 Guam 17. Further, Further,the
thelawfulness
lawfulnessof
of a traffic stop
16 16 does not dependon on the
the subjective
subjective motivations of of the
the police
police officer.
officer. See
See Whren
Whren v.
v. United
United States,
States,
17 17 517 U.S. 806, 806, 813
813 (1996),
(1996); United States
States v.v. Taylor, 596 F.3d 373, 378 (7th 373, 378 (7th Cir.
Cir. 2010)
2010) ("the
18 18 subj ective motivations subjective of t h e the agents are irrelevant to the Fourth Amendment
19 19 analysis."). Defendant Defendantthen
then committed
committed additional
additional traffic
traffic violations
violationsas
as he
he attempted
attempted to elude the
20 20 police officers officers by
byspeeding,
speeding, conducting
conducting unsafe
unsafe lane changes, driving in the middle of the changes, driving the road, 21 and running runningred redlights.
lights. Therefore,
Therefore, the Court
Court DENIES
DENIES Defendant's
Defendant's Motion
Motionto
to Suppress.
Suppress.
22 II// 23 23 II// 24 II// 25 II// 26 26 II// 27 27 II// 28 II//
People v.
v. Tedtaotao
Case No.
No. CF0316-25
Decision Decision and and Order
Page Page 8 of
of99
1 CONCLUSION
2 For the foregoing reasons, reasons, the Court hereby hereby DENIES Defendant's Defendant's Motion
Motion to
to Suppress.
Suppress.
3 As this matter As this remains in an matter remains an asserted status,the asserted status, theCourt Courthereby
herebysets
setsJury
JurySelection
Selectionand
andTrial
Trial for
4 September 12, September 12, 2025 2025at
at1:30
1:30p.m.
p.m. Parties
Parties shall
shall return
returnfor
for a Pre-Trial on September Pre-Trial Conference on September 5 10, 2025 at 9:00 a.m.
10,
6 c1k
7 IS SO IT IS SO ORDERED this
ORDEREDthis _Q_ day ofofSeptember, September, 2025.
8
9 HONORABLE VERNON p. P. PEREZ 10 10 Judge, Judge, Superior Court of Guam 11
12 12
13 1
14 14
15 15
16 16
17 17
18 18
19 19
20 20
21
22
23
24 24 SERVICE VIA E-MAIL SERVICE I acknowledge thatthat an an electronic
electronic
copy of the original was
do original e-mailacl to:
was o-m1ilod to:
25 Ab, fi,:,rox-
Ab 1 FT wWw'
26 26 0&1 .II051.5 001 osb,s '1= 'J.:0~€ Fm
O~f"'
27 27 °Kristin '1t.ristinMZ
0
M. Reyes/L
Reyes~
Deputy Deputy Clark;-Supefior
Clerk,-Superior Court
Court of
of Guam
Guain
28
People e e v. Tedtaotao Case a No.
N CF0316-25
C
Decision e c i s i o n aand Order
Page Page 9 of9
of 9