ASSISTANT Public Defender Vina Seelam said her client, Savanna Lyn Santos, who was charged with one count of illegal possession of methamphetamine, was unlawfully detained.
Seelam is asking the Superior Court for an order suppressing all evidence and statements obtained as a result of the unlawful detention of Santos and the unlawful search of her property without a warrant or other legal justification on May 3, 2021.
According to the statements of facts of the case: on May 3, at about 3:19 p.m., Department of Public Safety Officer Jesse Deleon Guerrero approached three vehicles that were parked in front of the “Meet Saipan” building in Garapan.
He noted that there was a “No Trespassing” sign on the door of the building. Upon approaching a white Toyota Camry, Officer Deleon Guerrero saw that the driver’s side window was rolled all the way down. He recognized the driver of the vehicle from previous incidents and noticed that the driver was removing a crystalline substance from a clear Ziploc bag with a straw.
When Officer Deleon Guerrero called out to the driver, the driver spilled the crystalline substance in the driver’s seat area of the car. Officer Deleon Guerrero ordered the driver to step out of the vehicle, and when he did so, three bags and a straw fell to the ground. One of the bags was half filled with a crystal-like substance.
Officer Deleon Guerrero detained the driver and began questioning him.
Defendant Santos was seated in the back passenger seat of the car while the above-described events occurred.
After the driver was detained, Santos left the back passenger seat and approached the driver’s seat. Another police officer ordered Santos to exit the vehicle and sit on the sidewalk.
After approximately 25 to 45 minutes, Drug Enforcement Task Force officers arrived on scene. According to DETF Officer Maynard Reyes, at about 4:10 p.m. Officer Melvin Cadiang asked Santos for consent to search her bag; Santos agreed.
But according to Seelam, Santos did not give consent for her bag to be searched.
During a search of the bag, Officer Maynard Reyes discovered a clear glass pipe with residue inside. The pipe tested presumptive positive for the presence of methamphetamine.
Seelam said her client was unlawfully detained by the police because they lacked reasonable suspicion to detain her.
Moreover, Seelam said, Santos’ detention was unreasonably prolonged.
Seelam said the police failed to obtain a warrant to search Santos’ bag, and she did not provide actual consent for a search of the bag.
She said police lacked justification to detain Santos.
Seelam said the officers on scene did not have reasonable suspicion to detain Santos just because they were investigating the driver of the car.
“When Ms. Santos asked an officer whether she could leave, the officer said no. Ms. Santos was not free to leave; she was being detained without a warrant and without reasonable suspicion that she had committed a felony offense or traffic violation,” Seelam added.
Associate Judge Joseph N. Camacho has set a motion hearing for July 7 at 10 a.m.
