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Terms Used In 5 Guam Code Ann. § 73403

  • Arrest: Taking physical custody of a person by lawful authority.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
Notwithstanding any other provision of law, or rule or regulation, any property subject to forfeiture under this Chapter may be seized by Guam Customs and Quarantine Agency upon process issued by the Superior Court of Guam, except that seizure without such process may be made when:

(a) the seizure is incident to an arrest or a search during a border crossing or port of entry;

(b) the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;

(c) the property subject to seizure has been the subject of a prior judgment in a criminal injunction or forfeiture proceeding based upon this Article;

(d) Guam Customs and Quarantine Agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

(e) Guam Customs and Quarantine Agency has probable cause to believe that the property has been used or intended to be used in violation of Articles 4 or 6 of Chapter
67, Title 9 Guam Code Ann.; Article 6 of Chapter 6, Title 11 Guam Code Ann., or
Chapter 47 of Title 9, Guam Code Ann..

(f) In the event of seizure pursuant to this Section, proceedings under § 73404 of this Article shall be promptly instituted.