8 GCA § 45.10
Duty to Delivery Arrestee to Judge, or to Peace Officer
View official PDF ↗(a)An officer making an arrest under a warrant or any person making an arrest without a warrant shall take the arrested person without unnecessary delay before a judge of the Superior Court.
(b)Notwithstanding Subsection (a), a private person who has arrested another for the commission of an offense, may deliver him to a peace officer who shall take the person arrested before the judge.
(c)The person arrested shall in all cases be taken before the judge within forty-eight
(48)hours after the arrest, except that when the forty-eight
(48)hour period expires, it is the burden of the government to demonstrate that a bona fide emergency or an extraordinary circumstance existed.
§ The story of this section
- Amended by P.L. 29-75 § 1 — introduced as Bill 161-29 · introduced by Frank Ishizaki + 2 cosponsors
Interpreted by the courts:
- 1999 Guam 27 — People of Guam vs. Joaquin C. Camacho, Jr. (1999) · per Benjamin J.F. Cruz, J. · pinpoints (a) at ¶1
- 1999 Guam 31 — People of Guam vs. Arthur Liwanag Villapando (1999) · per Benjamin J.F. Cruz, J. · cited at ¶34
- 2003 Guam 1 — People of Guam vs. Anthony Duenas Santos (2003) · per F. Philip Carbullido, J. · cited at ¶61
- 2014 Guam 33 — People of Guam, Plaintiff-Appellant, v. Raymond Torres Tedtaotao, Defendant-Appellee, CRA14-003 (2014) · per F. Philip Carbullido, J. · cited at ¶5
- 2019 Guam 8 — The People of Guam, Plaintiff-Appellee, v. Mark Anthony Bryan, aka Mark Anthony Brian Camacho, aka Mark Anthony Cruz, De (2019) · per Katherine A. Maraman, J. · pinpoints (c) at ¶11
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.