SAYING that the defendant mischaracterized the search as illegal, Superior Court Judge Kenneth L. Govendo denied Millie R. Mantanona’s motion to suppress evidence obtained from the search and seizure of her belongings.
Mantanona, 50, is accused of smuggling three pounds of methamphetamine, valued at $281,000, from Guam to Saipan in 2024.
She faces two counts of trafficking a controlled substance and two counts of illegal possession of a controlled substance.
Her attorney, Joey P. San Nicolas, asked the Superior Court to suppress evidence obtained from the search and seizure of his client’s belongings, arguing that it was obtained as “fruit of the poisonous tree.”
In a nine-page order issued Tuesday, Judge Govendo said the first search was a “residential key fit” and not an illegal search.
He noted that the defendant was not a tenant in Room 213.
“The hotel room at the time of the search was used primarily as storage and not formally occupied by a tenant,” the judge said.
“The Commonwealth is correct that the right to privacy is a personal right that can only be asserted by the person whose rights were violated, not by a third party,” he added.
The judge said a hotel worker, Jin Feng, earlier testified through an interpreter that he understood the Drug Enforcement Task Force officer’s instructions and consented to the search, which was conducted with Gold Beach Hotel owner Kevin Tang’s permission.
DETF officers also testified that they were able to communicate with Jin on a basic level and that he was following his supervisor’s instructions.
Tang testified that he consented to the search and had also requested a search warrant.
“However, as neither Jin nor Tang was the proponent of the motion to suppress, even if no consent was given, it would not indicate that their right to privacy was violated in any way. However, as the landlord did in fact consent to the search and the defendant was not a tenant, she would not have any standing to contest the search,” Judge Govendo added.
A resident of Mongmong, Guam, Mantanona was arrested by the CNMI Drug Enforcement Task Force for carrying 1.03 pounds of methamphetamine in her handbag upon her arrival at the Francisco C. Ada/Saipan International Airport on Aug. 30, 2024.
A search warrant signed by Associate Judge Joseph N. Camacho was executed in Mantanona’s hotel room on Aug. 31, 2024, resulting in the discovery and seizure of an additional two pounds of methamphetamine.
