People v. Tolentino

Opinion

4 THE PEOPLE OF GUAM, ) CRIMINAL CASE NO. CF0025-12 5 ) 6 ) vs. ) DECISION AND ORDER 7 ) ON MOTION TO SUPPRESS ) 8 POMPEYO TOLENTINO, ) 9 ) Defendant. ) 10 ) 11

13 This matter came before the Honorable Alberto C. Lamorena III on June 3, 14 2013 on Defendant's Motion to Suppress. The People were represented by Assistant

15 Attorney General James Collins. Defendant Pompeyo Tolentino was represented by

16 Attorney Suresh Sampath. After a hearing, the matter was taken under

17 advisement. The Court now issues its Decision and Order. BACKGROUND 18 Defendant Capulong was arrested on or about June 11, 2011 while driving in 19 Dededo. The record before this Court indicates that the arresting officer initially 20 pulled the Defendant's moped over because of overly slow driving and an illegal 21 turn. During the course of the traffic stop, it was discovered that Defendant had 22 illegal substances in his possession. 23 On June 11, 2013, Defendant filed his Motion to Suppress, arguing there was 24 no reasonable suspicion for the initial stop of his moped and that any evidence 25 obtained by the police, including subsequent statements by Defendant, should be 26 suppressed. On June 3, 2013, the Government filed its Opposition to the motion. 27 For the reasons set forth below, this Court shall deny the motion. 28 Decision and Order Case No. CF0025-l2

DISCUSSION 2 The Fourth Amendment permits brief detentions when a police officer has a 3 reasonable suspicion that an individual was engaged in or is about to be engaged in 4 illegal conduct. People v. Johnson, 1997 Guam 9 ,[ 4 (quoting Terrv v. Ohio, 392 5 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)). The Terry stop doctrine has been 6 extended to justify the investigatory stop of a motor vehicle. Johnson~ 4.

7 In order to determine whether an officer had reasonable suspicion sufficient

8 to warrant a traffic stop, the court must look at the totality of the circumstances,

9 taking into account the facts known to the officers from personal observation. Id. ~ 6. Furthermore, the reasonable suspicion must exist at the time the stop was 10 initiated. Id. (quoting U.S. v. Santamaria-Hernandez, 968 F.2d 980, 982 (9th II Cir.1992). 12 At the motion hearing, testimony was received by the arresting officer. There 13 was some contention as to whether the speed at which Defendant was travelling 14 could be used as reasonable suspicion. The officer described the speed at which the 15 Defendant was travelling as "impeding traffic." Defendant, however, indicated that 16 it is a narrow roadway and at the end of the road is a small school. He indicated he 17 was just driving slowly for safety reasons. This alone would be insufficient to find 18 reasonable suspicion under these circumstances. 19 However, evidence was also presented which indicated that Defendant made 20 a left turn from the outer-most portion of the roadway, crossing in front of the 21 vehicle in the inner-most portion of the roadway. This Court agrees with the officer 22 and with the government in that such a turn is a traffic violation. 23 The Defendant indicated that he had been in visual contact with the other 24 driver to his left. Defendant stated that he gave a hand signal to the other driver to 25 show that he intended to turn left and the driver signaled him to proceed. That 26 Defendant has a good explanation for what transpired does not negate the officer's

27 personal observation of a traffic violation. The Court finds this to be sufficient

28 cause for a stop of the vehicle.

-2- Decision and Order Case No. CF0025-12

Defendant's arguments in favor of suppression of both the illegal substances 2 and subsequent statements to police are premised on their being fruit of the 3 poisonous tree. However, the Court's finding that the stop was based on reasonable 4 suspicion negates these arguments. The Court is unaware of any other

5 circumstances which would weigh in favor of suppression.

7 For the reasons set forth above, Defendant's Motion to Suppress is hereby

8 DENIED. A Trial Setting is scheduled for November 12, 2013 at 2:00p.m.

II

14 . LAMORENA, III Presiding Judge, S 15

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