Guam

• You have the right to say no to searches of your person.
• You have the right to say no to searches of your car, house or other surroundings.
• You cannot be arrested for refusing to consent to a search without a warrant.
• A warrant is a court order so you have no choice but to consent.

a. What if the police want to search my phone?

ANSWER: Usually, a police officer cannot search your phone without your permission or a special paper called a warrant.

That’s because you have the right to privacy, which means keeping your personal things private.

Sometimes, if the police officer has a warrant or if there is a really urgent situation, they might be allowed to search your phone.

But, in general, the police need a good reason to do that. 

Remember, if a police officer wants to search your phone, it’s important to talk to a grown-up you trust, like a parent or guardian, who can help you understand your rights.

Guam Code, Title 8: https://law.justia.com/codes/guam/2019/title-8/

b. What if the police ask me for my password to my phone?

ANSWER: Ask the officer if he/she has a warrant to search your phone. If he/she does not, you do not have to provide your password.

Guam Code, Title 8: https://law.justia.com/codes/guam/2019/title-8/

c. What if the police tell me to give them my password or other access to my phone?

ANSWER: Ask the officer to confirm that a warrant was issued to search your phone. You do not have to give them access if the officer does not have a warrant.

Guam Code, Title 8: https://law.justia.com/codes/guam/2019/title-8/

d. Do I have to give the police my device password if they demand it from me if I am not under arrest? What if the police just ask for the password to my phone?

ANSWER: No, unless the officer confirms he/she has a warrant to search your device. You are not required to provide your password or access to your phone if the officer does not have a warrant.

Guam Code, Title 8: https://law.justia.com/codes/guam/2019/title-8/

e. What tools can police use to search me? What technology (like facial recognition, hidden cameras, finger print searches, etc.)?

ANSWER: Police officers have various tools and technologies they can use to search individuals. Here are some:

Personal Search: Police officers can physically search your body and belongings to ensure you don’t have anything dangerous or illegal.

Visual Observation: They can use their eyes to look at you and observe your actions, behavior, and appearance.

Facial Recognition: Facial recognition is a technology that uses cameras or computer systems to identify people by analyzing their facial features. It helps the police match faces to known individuals or to find missing persons.

Hidden Cameras: Police might use hidden cameras in specific situations to monitor certain areas and capture evidence of illegal activities.

Fingerprints: Police can take your fingerprints by gently pressing your fingers on an ink pad or using electronic devices to capture them. Fingerprints are unique to each person, and they can help identify someone or match fingerprints found at a crime scene.

Remember that, usually, a police officer cannot search you without permission or a warrant.

That’s because you have the right to privacy, which means keeping your personal things private.

Sometimes, if the police officer has a warrant or if there is a really urgent situation, they might be allowed to search you, but, in general, they need a good reason to do that.

Guam Code, Title 8, Chapter 35: https://law.justia.com/codes/guam/2019/title-8/chapter-35/

f. Can the police search my backpack or other items I am carrying?

ANSWER: Yes, if the officer has either your permission or a warrant.

That’s because you have the right to privacy, which means keeping your personal things private.

Sometimes, if the police officer has a warrant or if there is a really urgent situation, they might be allowed to search your backpack.

But, in general, they need a good reason to do that.

Guam Code, Title 8: https://law.justia.com/codes/guam/2019/title-8/

g. Can the police take my picture or record me?

ANSWER: Yes, police generally have the authority to take your picture or record you in certain situations.

They might do this to gather evidence or identify individuals involved in a crime. However, they must follow specific rules and respect your rights.

It’s important to know that these actions should be done responsibly and not invade your privacy without a good reason. Police officers should only take pictures or record you when it’s necessary for their official duties, such as investigating a crime or maintaining public safety.

If you ever have concerns about being photographed or recorded by the police, it’s a good idea to talk to your parent/guardian and lawyer.

Guam Code: https://law.justia.com/codes/guam/2019/

h. Can the police ask me where I am going and why?

ANSWER: Yes, police officers can ask you where you are going and why in certain situations. They may do this to ensure your safety or to investigate any potential wrongdoing.

When a police officer asks you these questions, it’s important to remember that they are trying to make sure everything is okay and to keep everyone safe. Answering their questions honestly and respectfully is generally recommended.

However, it’s also important to know that you have the right to remain silent if you feel uncomfortable or unsure about answering.

Guam Code: https://law.justia.com/codes/guam/2019/

• The police may arrest you because they suspect you of committing (or having committed) a violation of the law, or if they suspect that you currently have evidence of a crime.
• Sometimes police have a warrant for an arrest. You should be clear on what kind of warrant is being presented to you if that is the case.
• It is a good idea to review any paper from the police/warrant carefully, to ensure you understand what exactly is covered.
• If arrested, you may be charged with a felony for a more serious crime (with potential jail time of one year or more), a misdemeanor for a less serious crime (with jail time of less than one year), or a violation.
• If the police arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you.

a. What if I did not do anything illegal, must I speak with the police and answer questions?

ANSWER: No, you do not have to speak to the police or answer their questions.

Remember, you have the right to remain silent — it is your right to say that you would not like to speak without a parent or lawyer present.

Guam Code, Title 8, Chapter 30, §30.20: https://law.justia.com/codes/guam/title-8/chapter-30/

Guam Code, Title 8, Chapter 20, §20.65: https://law.justia.com/codes/guam/title-8/chapter-20/

b. What if the police tell me something they are investigating that is wrong? Must I correct them?

ANSWER: No. You have the right to remain silent and are not required to answer questioning without a lawyer or parent present. For example, you may state “I want to remain silent. I want to speak with a lawyer.” You do not have to correct the police.

The police are allowed to stop you if they reasonably believe that criminal activity is taking place. However, the police do not have to tell you the truth and can lie to you. Anything you say to an officer can be used against you or another person in court.

Guam Code, Title 8, Chapter 30, §§30.10 - 30.20: https://law.justia.com/codes/guam/title-8/chapter-30

Frazier v. Cupp, 394 U.S. 731 (1969) (which discusses how the police are allowed to use deceptive interrogation tactics)

c. What if an officer just begins speaking to me but does not order me to do anything?

ANSWER: You do not have to speak to the police or answer their questions.

You have the right to remain silent and are not required to answer questioning without a lawyer present. For example, you may state “I want to remain silent. I want to speak to a lawyer.”

Guam Code, Title 8, Chapter 30, §30.20: https://law.justia.com/codes/guam/title-8/chapter-30

d. What is the legal difference between talking to the police if they do not tell me I am under arrest, versus after they inform me that I am under arrest?

ANSWER: Remember, you always the have the right to remain silent until you can talk to a lawyer.

You do not have to speak to the police or answer their questions - anything you say before or after you are under arrest can be used against you.

You should ask the officer whether you are under arrest. If the answer is no, you should be free to leave.

If the police tell you that you are under arrest and continue to ask you questions, you should say “I want to remain silent.  I want a lawyer.”

Guam Code, Title 8, Chapter 30: https://law.justia.com/codes/guam/title-8/chapter-30

Guam Code, Title 8, Chapter 20, §20.65: https://law.justia.com/codes/guam/title-8/chapter-20/

a. What is the difference between the police deciding to search me and my stuff (like my phone, person, backpack) and me agreeing to the search?

ANSWER: If a police officer decides to search you, they must have a legal reason, such as probable cause (believing you have committed a crime) or reasonable suspicion (having specific reasons to think you might be involved in something illegal). In this case, they may be allowed to search you without your consent.

Terry v. Ohio, 392 U.S. 1 (1968) (this case established the “stop and frisk” rule which allows police to stop and search a person if they have reasonable suspicion)

Florida v. Bostick, 501 U.S. 429 (1991) (this case said that if a person voluntarily consents to a search, that consent can make the search lawful, even if the person was not free to leave)

Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (this case clarified that a person’s consent to a search must be voluntary and set standards for determining whether consent was given freely)

Illinois v. Rodriguez, 497 U.S. 177 (1990) (this case said that a search based on consent is valid as long as the police reasonably believe the person giving consent has the authority to do so)

b. What if the police tell me to give them information versus them asking and me providing answers voluntarily?

ANSWER: No, you do not have to speak to the police or answer their questions.

Remember, you have the right to remain silent — it is your right to say that you would not like to speak without a parent or lawyer present.

Guam Code, Title 8, Chapter 30, §30.20: https://law.justia.com/codes/guam/title-8/chapter-30/

Guam Code, Title 8, Chapter 20, §20.65: https://law.justia.com/codes/guam/title-8/chapter-20/

• No. Police officers can legally arrest you without a warrant in several circumstances:
  • When the crime is committed in front of the police officers; or
  • When the officer has probable cause (reason to suspect) that someone has committed a felony, whether or not the act was done in front of the police officers.

a. If I did not do anything wrong, can the police stop me?

ANSWER: Yes, if the police have reason to believe you have committed, are committing or are about to commit a crime, they can stop you.

Guam Code, Title 8, Chapter 30, §30.10: https://law.justia.com/codes/guam/title-8/chapter-30/

b. Can I ask the police for the reason they stopped me?

ANSWER: People have a right to know why they are being stopped by the police. Always ask the officer if you are being detained. If you are not being detained, ask the officer if you are free to leave.

Specifically, the Guam Bill of Rights, which is part of the Organic Act of Guam, ensures that individuals are told of the reasons for their arrest or detention. Additionally, the Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures, which means that you have the right to know why the police is detaining you.

c. Can I advocate for another young person stopped by police if we are stopped together?

ANSWER: Yes, you can advocate for another young person stopped by police if you are stopped together, as long as you do so respectfully and without interfering with the police and always prioritize your own safety and avoid escalating the situation.

The Guam Bill of Rights, which is part of the Organic Act of Guam, ensures that individuals are told of the reasons for their arrest or detention.

d. If I think the stop is unjustified, what can I do?

ANSWER: You can file a written complaint with the Guam Community Police Review Commission regarding the stop.

10 GCA Health and Safety, Chapter 77 Guam Police Department § 77133. Reporting Police Officer Violations

https://statecodesfiles.justia.com/guam/2022/title-10/division-3/chapter-77/chapter-77.pdf?ts=1675437675

e. Can I get the officer’s identifying information for a future complaint?

ANSWER: Yes, you can ask the officer for their name, rank, and badge number. There is no legal requirement that they give you their full name so the officer might only give you their last name.

Guam Code, Title 10, Division 3, Chapter 77: https://law.justia.com/codes/guam/title-10/division-3/chapter-77/

• You are under police custody if you do not feel free to leave an officer’s presence, or if a reasonable person in your shoes would not feel free to leave.
• If the following happens, you are likely under arrest under the law:
  • an officer handcuffs you;
  • an officer forcibly holds you down;
  • an officer puts you into the back seat of a police car; or
  • an officer warns you about your rights.
• An officer only has to warn you of your rights before the police question you. This means an officer can arrest you before warning you of your rights.
• An arrest without a warning of your rights is still a valid arrest; it just may mean that evidence collected from it is not admissible in court later.

a. What if I do not know if I am under arrest?

ANSWER: If you don’t know if you are under arrest, assume you are. You may ask, “Am I under arrest?” to the officer.

You are under arrest if you are physically restrained by a police officer or if you are put into police custody (for example, if you are handcuffed, put in a police car, or taken to a police station).

Guam Code, Title 8, Chapter 20, §20.10: https://law.justia.com/codes/guam/title-8/chapter-20/

A police officer should tell you that you are being arrested, why you are being arrested, and their authority to arrest you. However, even if they do not, you may still be under arrest if the officer is physically restraining you or if you are put into custody (as described above).

Guam Code, Title 8, Chapter 20, §20.35: https://law.justia.com/codes/guam/title-8/chapter-20/

b. What is the difference between detention and arrest?

ANSWER: If a police officer stops you, they can hold you for up to 15 minutes. You are detained if you are stopped by police for a maximum of 15 minutes so that the officer can determine who you are and the circumstances that caused the police officer to think you may have committed, were committing, or were about to commit a crime. If you are detained, the officer will not move you from the location where you were stopped. If they restrain you or take you into custody (for example, handcuff you, place you in a police car, or take you to a police station), you are no longer detained and are being arrested.

Guam Code, Title 8, Chapter 20, §20.10: https://law.justia.com/codes/guam/title-8/chapter-20/

Guam Code, Title 8, Chapter 30, §§30.20 - 30.30: https://law.justia.com/codes/guam/title-8/chapter-30/

c. If I am handcuffed, am I arrested?

ANSWER: Yes, if you are handcuffed you are considered to be arrested because you are restrained. 

Guam Code, Title 8, Chapter 20, §20.10: https://law.justia.com/codes/guam/title-8/chapter-20/

d. If my liberty is restricted, am I under arrest?

ANSWER: It depends. If you are being restrained or if you are put into police custody (for example, if you are physically restrained from moving, handcuffed, put into a police car, or taken to a police station), you are under arrest. If you are stopped in one location by a police officer for a limited time (a maximum of 15 minutes) and not restrained or moved from the place you were stopped, you are not under arrest. 

Guam Code, Title 8, Chapter 20, §20.10: https://law.justia.com/codes/guam/title-8/chapter-20/

Guam Code, Title 8, Chapter 30, §§30.20 - 30.30: https://law.justia.com/codes/guam/title-8/chapter-30/

• You can use your right to remain silent or any of your other rights (e.g., the right to an attorney) by saying that you want to use that right.
• You are also able to waive your rights (that is, not use them) by, for example, saying ‘Yes, I understand my rights but I am ready to talk to you.’ This is not a good idea without a lawyer present.
• Make sure you know what you’re doing in giving up your rights

a. How do things change if I am read my rights by police?

ANSWER: If the police tells you some version of the following statement, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford a lawyer, one will be provided for you,” they have read you your “Miranda rights.”

If you are with the police and are not free to leave, you are in police custody. Once in custody, if a police officer asks you questions, then they must read you your “Miranda rights.” Under these rights, you don’t have to speak to the police or answer any more of their questions, and you also have the right to talk to a lawyer. If you don’t have the money for a lawyer, the police need to get you one to speak with, free of charge. The police may ask if you want to “waive” or “give up” these rights, meaning that you will continue to answer the questions that the police ask you. If you give up your “Miranda rights” and answer the police questions, then anything you say to the police can be used to charge you with a crime or in a court in front of a judge. Once the police read you your rights, you should speak clearly to the police that you either refuse to answer questions and would like to speak with a lawyer, or that you will give up your rights and that you will talk to the police.

Miranda v. Arizona, 384 US 436 (1966)

b. Does it matter where I am when the police read me my rights? (for example, the street, police car, police station, etc.)

ANSWER: If the police tells you some version of the following statement, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford a lawyer, one will be provided for you,” they have read you your “Miranda rights.”

If you are with the police and are not free to leave, you are in police custody.  Once in custody, if a police officer asks you questions, then they must read you your “Miranda rights.”

It does not matter where you are read your “Miranda rights,” as long as you are read them once you are in police custody. However, if you are read your rights at the police station, the police officer must use a particular form, called the “Custodial Interrogation” form (also called the GPD-9). You will need to read the form aloud, and you will need to accept or refuse each of the rights listed, with a written “yes” or “no.” Only then, if you have agreed to give up your rights, can you be questioned.

Joseph I. Cruz (Former Chief of the Guam Police Department): Police ensure that Miranda rights are known: https://www.guampdn.com/opinion/chief-gpd-ensures-miranda-rights-known/article_336285d8-354f-59f9-94fa-4cc6097fc164.html

Fifth and Sixth Amendments to the US Constitution: https://constitutioncenter.org/the-constitution/full-text