Supreme Court overturns court order to suppress evidence in drug case


The Supreme Court of Guam has ruled in favor of the Government, overturning an order by the trial court to suppress evidence in a case against man indicted on drug charges and criminal trespass.
Guam – Joshua Alan Sharp was indicted on four charges, possession of a scheduled two controlled substance with the intent to deliver, promoting major prison contraband, possession of a scheduled two controlled substance and criminal trespass.

The charges stem from the discovery of two women found in what was supposed to be a vacant hotel room. The women identified Sharp as the individual who let them in the room. According to court documents police located Sharp in the parking lot of the hotel, where police recovered a hotel room key on his person.

In the room officers discovered drugs, and drug paraphernalia. During trial, Sharp moved to suppress the evidence found during the said search, that motion was granted by the Superior Court, which cited that an officer must be present at the time the alleged crime was committed to authorize an arrest with no warrant.

According to court documents since there was no officer present at the time Sharp allegedly trespassed, the trial court excluded the evidence from trial.

Today, the Supreme Court overturned that ruling on the following basis, first that the vacant hotel room is a dwelling, therefore criminal trespass into the hotel may constitute a misdemeanor. Secondly, that the language used in the Guam Code Annotated does not require officer presence at the time of the alleged crime.

As a result the Supreme Court has reversed the suppression order and remanded the case back to trial court.

SOURCEJolene Toves
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Jolene Toves
Jolene joined the PNC team in 2017, as a producer, co-anchor and investigative reporter covering law enforcement, courts and crimes. Notable coverage includes the Ehlert case, the Mark Torre Jr. trial, the Allan Agababa trial, exclusive pieces on the Life of a Drug Dealer/Addict, and Life behind bars...the story of Honofre Chargualaf and Kevin Cruz. In 2019, she was promoted to Assistant News Director and Lead Anchor. From 2015 to 2017 she served as Public Relations and Promotions Manager, for the Hotel Nikko Guam handling local radio and advertorial promotions, as well as produced and directed tv commercials for the hotel. Prior to this she worked with KUAM for three years as a reporter and segment host. She began her journalism career in 2012, working with Glimpses of Guam contributing to the Guam Business Magazine, R&R magazine, MDM magazine and the Marianas Business Journal.