5 Guam Code Ann. § 73403
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.
(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.