Guam: If no criminal case pending, motion for return of property can be treated as a new civil action

If a criminal case is not pending, a motion for return of property is treated as a new civil action, and should proceed accordingly (following state and federal cases, most recently Pristine Pre-Owned Auto, Inc. v. Courrier, 236 W. Va. 720, 783 S.E.2d 585 (2016)). Here there was an administrative seizure of medication from a veterinarian’s office. In re Dep’t of Health & Soc. Servs., 2017 Guam 15, 2017 Guam 15 (Dec. 1, 2017).

The court finds the officer’s testimony credible that he saw defendant with a gun in hand for about four seconds before hiding it, and this gave reasonable suspicion for a patdown. United States v. Cross, 2017 U.S. Dist. LEXIS 193747 (N.D. Ill. Nov. 22, 2017).*

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