KUAM lawyers respond to GPD's opposition - KUAM.com-KUAM News: On Air. Online. On Demand.

KUAM lawyers respond to GPD's opposition

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by Sabrina Salas Matanane

Guam - KUAM's attorneys from the Calvo & Clark law firm filed a response to the Guam Police Department's opposition to the motion to quash.  KUAM is asking a judge to set aside the search warrant and order GPD to return what the company believes was an illegally-seized document. 

Attorneys argue that the police department has no immunity from lawsuits based on violations of the U.S. Constitution. Additionally, KUAM alleges that because former chief of police Paul Suba did not file the criminal theft complaint until the day the search warrant was issued, the affidavit was then false, which would mean police had no probable cause justifying the search warrant.

GPD contends that it did not act inappropriately in obtaining the search warrant and argues that KUAM is not entitled to the protection of the federal Privacy Protection Act of 1980, because the document in the company's possession was merely being held for "posterity's sake".

On Wednesday, Superior Court Judge Vern Perez is scheduled to hear KUAM's motion at 2 in the afternoon.

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