DRAFT CSC, Title 12.  Crimes and Punishment
 
CHAPTER 32
Process; Warrants and Arrest

9011.  Process obligatory upon police.
9012.  Limitation of arrests without a warrant.
9013.  Authority to issue a warrant of arrest.
9014.  Warrant or penal summons upon complaint.
9015.  Investigation of complaint in doubtful cases.
9016.  Use of penal summons in lien of warrant of arrest.
9017.  Execution of warrants and service of penal summons.
9018.  Return of service.
9019.  Issuance of oral order in lieu of warrant or penal summons by community court.
9020.  Issuance of warrant or penal summons on information.
9021.  Authority to arrest without warrant.
9022.  Use of citations.
9023.  Complaints in cases of arrest without warrant.
9024.  Arrested person to be informed of cause and authority of arrest.
9025.  Use of force in making arrest.
9026.  Disposition of persons arrested by private persons.
9027.  Disposition of arrested persons by policeman.
9028.  Rights of persons arrested.
9029.  Effect of irregularities in issuance of warrant of arrest.
9030.  Effect of violation of part title.

      9011.  Process obligatory upon police.

     (1)  All process in any criminal proceedings, in all contempt proceedings, and in juvenile delinquency proceedings, issued in accordance with law and the rules of procedure prescribed in accordance with law, shall be obligatory upon all policemen having knowledge thereof, and any policeman to whom such process is given shall promptly make diligent effort to execute or serve the same either personally or through another policeman.

     (2)  This Section shall cover orders to show cause why a person should not be adjudged in contempt, orders of attachment of a person, summons, and all other orders (including an oral order in place of any of the foregoing), issued in either civil contempt proceedings or juvenile delinquency proceedings, as well as all forms of process in criminal proceedings.

Source:  (Code 1966, 489; Code 1970, tit. 12, 51.) 12 TTC 2 51.

      9012.  Limitation of arrests without a warrant.
     No arrest of any person shall be made without first obtaining a warrant therefor, except in the cases authorized in this Chapter or as otherwise provided by law.

Source:  (Code 1966, 456; Code 1970, tit. 12, 52.) 12 TTC 2 52.
 
      9013.  Authority to issue a warrant of arrest.
     The following officials are authorized to issue a warrant of arrest:

     (1)  Any court;

     (2)  Any judge or justice;

     (3)  The clerk of courts for the Chuuk State Supreme Court a district, subject to such limitations as the Chief Justice of the Chuuk State Supreme Court high court may impose;

     (4)  Any other person authorized in writing by the Governor High Commissioner, and a certified copy of whose authorization is filed with the clerk of courts for the Chuuk State Supreme Court district in which he acts.

Source:  (Code 1966, 446; Code 1970, tit. 12, 53.) 12 TTC 2 53, modified.

      9014.  Warrant or penal summons upon complaint.

     (1)  Any person, other than the Attorney General or a district attorney, desiring the issuance of a warrant of arrest for a criminal offense shall personally appear and make a complaint within the district where the offense or some part thereof is alleged to have been committed, before an official authorized to issue a warrant.

     (2)  If the complaint states the essential facts constituting a criminal offense by one or more persons named or described therein, and if, in the opinion of the official, there is probable cause to believe or strongly suspect that the offense complained of has been committed by such person or persons, the official may issue his warrant for the arrest of such person or persons, or may issue a penal summons as provided in this Chapter.

     (3)  Any official, other than a justice judge of the Chuuk State Supreme Court a district court, may refuse to act if he deems that the public interest does not require action before the matter can reasonably be presented to a justice judge of the Chuuk State Supreme Court a district court.

Source:  (Code 1966, 448; Code 1970, tit. 12, 54.) 12 TTC 2 54, modified.

      9015.  Investigation of complaint in doubtful cases.

     (1)  If a justice judge of the Chuuk State Supreme Court a district court before whom a complaint is made is doubtful whether sufficient grounds in fact exist for the issuance of a warrant or penal summons, he may, if the complainant consents, refer the complaint to the Chuuk State Micronesia police for investigation and report and withhold action for a reasonable time pending such report.

     (2)  If the complainant does not consent to such a reference or if the report of investigation is not received within a reasonable time, the judge or justice shall proceed to examine under oath the complainant, any witnesses offered by the complainant and such other witnesses as the judge or justice deems best and may, in his discretion, give the accused an opportunity to be present and to be heard.

     (3)  If the judge or justice is satisfied from the investigation made by the Chuuk State Micronesia police or that made by him as directed in Subsection (2) of this Section that there is probable cause to believe or strongly suspect that the offense complained of has been committed and that the accused committed it, he shall issue a warrant or a penal summons as provided in this Chapter.

Source:  (Code 1966, 449; Code 1970, tit. 12, 55.) 12 TTC 2 55, modified.

      9016.  Use of penal summons in lien of warrant of arrest.

     (1)  In the case of all criminal offenses for which the lawful punishment does not exceed a fine of one hundred dollars or six months imprisonment, or both, a penal summons to appear before a court at a time and place fixed in the penal summons shall be issued instead of a warrant of arrest, unless it shall appear to the court or official issuing the process that the public interest requires the arrest of the accused.

     (2)  Upon request of the complainant, a penal summons instead of a warrant may be issued in any case.

     (3)  If, after a penal summons has been served upon him, the accused fails to appear in response to the penal summons without an excuse known to and deemed adequate by the court named therein, a warrant shall be issued.

Source:   (Code 1966, 450; Code 1970, tit. 12, 56.) 12 TTC 2 56.

      9017.  Execution of warrants and service of penal summons.
     A warrant of arrest shall be executed or the penal summons served by a policeman or by a person specifically authorized in the warrant or summons to execute or serve it.  The warrant may be executed or the summons served at any place within the jurisdiction of the State of Chuuk Trust Territory.  A penal summons shall be served upon the accused by delivering a copy to him personally and orally explaining the substance thereof to him in a language generally understood in the locality and, if practicable, in one understood by the accused, or by leaving it at his dwelling house or usual place of abode or of business with some person of suitable age and discretion then residing or employed therein and orally explaining the substance thereof.

Source:  (Code 1966, 451; Code 1970, tit. 12, 57.) 12 TTC 2 57, modified.

      9018.  Return of service.

     (1)  The person executing a warrant shall endorse thereon and sign a statement of the arrest showing the date and place of arrest and shall have such warrant delivered to the court or official before whom the accused is brought pursuant to Section 9027 67 of this Chapter, or to the court named in the warrant if the accused is released on bail or personal recognizance before being brought before a court or official.

     (2)  At or before the time stated in a penal summons for appearance of the accused, the person to whom a penal summons is delivered for service shall endorse and sign a report of his action thereon and have such summons delivered to the court named therein.  If he has served the summons, his report shall show the date, place, and method of service.

Source:  (Code 1966, 452; Code 1970, tit. 12, 58.) 12 TTC 2 58.

      9019.  Issuance of oral order in lieu of warrant or penal summons by municipalcommunity court.

     (1)  A municipal community court or any judge thereof may, if the court or judge deems the public interest so requires, issue an oral order in place of either a warrant of arrest or a penal summons, which shall have the same force and effect within the territorial jurisdiction of that court as a warrant or penal summons.

     (2)  Such an oral order may be served by orally communicating the substance thereof to the accused and the report of execution or service of such an order may be made orally.

     (3)  Any person making an arrest on an oral order or serving such an order in place of a penal summons shall report all the essential facts to the court or official before whom the accused is brought or ordered to appear.

     (4)  Any person by going to trial before a municipal community court without requesting a copy of the charges against him thereby waives his right to have a copy in advance of trial in that court, but he does not thereby waive his right to such copy before trial in the Chuuk State Supreme a district court in the event of an appeal.

Source:  (Code 1966, 453; Code 1970, tit. 12, 59.) 12 TTC 2 59, modified.

      9020.  Issuance of warrant or penal summons on information.
     The Attorney General or a district attorney may file an information signed by him in any court competent to try the accused for a criminal offense or offenses charged therein.  If the information states the essential facts constituting a criminal offense or offenses by one or more persons named or described therein and is supported by one or more written statements under oath showing to the satisfaction of the court that there is probable cause to believe or strongly suspect that the offense complained of has been committed by such person or persons, the court shall, upon request of the Attorney General or district attorney, issue its warrant or penal summons as upon a complaint.

Source:  (Code 1966, 454; Code 1970, tit. 12, 60.) 12 TTC 2 60, modified.

Case annotations:  Admissibility of evidence.  Evidence obtained in violation of rights of accused is inadmissible. Fontana v. Trust Territory, 2 TTR 616 (App. Div. 1959).

      9021.  Authority to arrest without warrant.
     Arrest without a warrant is authorized in the following situations:

     (1)  Where a breach of the peace or other criminal offense has been committed, and the offender shall endeavor to escape, he may be arrested by virtue of an oral order of any official authorized to issue a warrant, or without such order if no such official be present.

     (2)  Anyone in the act of committing a criminal offense may be arrested by any person present, without a warrant.

     (3)  When a criminal offense has been committed, and a policeman has reasonable ground to believe that the person to be arrested has committed it, such policeman may arrest the person without a warrant.

     (4)  Policemen, even in cases where it is not certain that a criminal offense has been committed, may, without a warrant, arrest and detain for examination persons who may be found under such circumstances as justify a reasonable suspicion that they have committed or intend to commit a felony.

Source:  (Code 1966, 457; Code 1970, tit. 12, 61.) 12 TTC 2 61.

Case annotations:  Arrest without warrant.  When an informant has advised the arresting officer that defendant was involved in a crime, this is sufficient to allow an arrest to be made without a warrant. In re Santos (App. Div., June, 1978).
 
Written statement from defendant at time of arrest.  Even if defendant is detained beyond the 24-hour period from the time of the arrest in violation of the statute, where defendant at the time of his arrest made a written statement admitting his involvement in the alleged break-in, statements adduced from his arrest were not improperly taken. In re Santos (App. Div., June, 1978).

Evidence obtained in violation of rights of accused is inadmissible. Fontana v. Trust Territory, 2 TTR 616 (App. Div. 1959).

      9022.  Use of citations.
     A policeman in any case in which he may lawfully arrest a person without a warrant, may, subject to such limitations as his superiors may impose, issue and serve a citation upon the person instead of making an arrest, if he deems that the public interest does not require an arrest.

Source:  (Code 1966, 455; Code 1970, tit. 12, 62.) 12 TTC 2 62.

      9023.  Complaints in cases of arrest without warrant.
     When a person arrested without a warrant is brought before a court or official authorized to issue a warrant, a complaint shall be made against him forthwith, if that has not already been done.

Source:  (Code 1966, 465; Code 1970, tit. 12, 63.) 12 TTC 2 63.

      9024.  Arrested person to be informed of cause and authority of arrest.

     (1)  Any person making an arrest shall, at or before the time of arrest, make every reasonable effort to advise the person arrested as to the cause and authority of the arrest.

     (2)  A policeman making an arrest by virtue of a warrant need not have the warrant in his possession at the time of the arrest, but, after the arrest, the person arrested may request to see the warrant, and that shall be shown to him as soon as possible.

Source:  (Code 1966, 458; Code 1970, tit. 12, 64.) 12 TTC 2 64.

Case annotations:  Evidence obtained in violation of rights of accused is inadmissible. Fontana v. Trust Territory, 2 TTR 616 (App. Div. 1959).

      9025.  Use of force in making arrest.
     In all cases where the person arrested refuses to submit or attempts to escape, such degree of force may be used as is necessary to compel submission.

Source:  (Code 1966, 459; Code 1970, tit. 12, 65.) 12 TTC 2 65.

      9026.  Disposition of persons arrested by private persons.
     Any private person making an arrest shall deliver the arrested person to a policeman or an official authorized to issue a warrant without unnecessary delay and shall explain the cause of the arrest.  Except where transportation difficulties are involved, or neither a policeman nor an official authorized to issue a warrant can be located promptly, such delay should not extend beyond a few hours during the daytime or early evening nor beyond ten o'clock on the following morning in the case of persons arrested during the night time.

Source:  (Code 1966, 462; Code 1970, tit. 12, 66.) 12 TTC 2 66.

      9027.  Disposition of arrested persons by policeman.
     Persons arrested by a policeman, except under Subsection (4), Section 9021 61 of this Chapter, or delivered to him after arrest by a private person, shall be brought without unnecessary delay before a court competent to try the offender for the criminal offense charged, subject to the following:

     (1)  If bail has been fixed, it shall be accepted and the arrested person released to appear in accordance with all orders of the court named in the warrant or any court to which the case may be transferred. Reasonable opportunity to raise bail shall be afforded by permitting the person arrested to send a message or messages through a policeman or other persons by telephone, cable, wireless, messenger, or other expeditious means, to any person likely to assist in securing bail; provided, that such message can be sent without expense to the government or that the arrested person prepays any expense there may be to the government.

     (2)  If it appears that it will not be practicable to bring the arrested person promptly before a court competent to try him for the offense charged, and he has not been released on bail or personal recognizance, he shall be brought before an official authorized to issue a warrant without unnecessary delay.  This official shall commit the arrested person, discharge him, or release him on bail or personal recognizance as provided in this title.  Whenever a justice of the Chuuk State Supreme Court judge of a district court is available, the arrested person shall be brought before such a justice judge in preference to any other official authorized to issue a warrant.

Source:  (Code 1966, 463; Code 1970, tit. 12, 67.) 12 TTC 2 67, modified.

Case annotations:  Effect of determination of probable cause.  The purpose of section is to determine whether or not possible cause exists and, if it does not, to assure the prompt dismissal of charges against the accused person. Sonoda v. Trust Territory (App. Div., November, 1976).

Right of accused who is detained to a preliminary hearing.  If no justice of the high court is present at the place set for trial and if the person accused is actually detained or otherwise in a position where his liberty is substantially restrained, then he is entitled to a prompt determination as to whether or not there is probable cause that he is guilty of the crime with which he is charged.  This is accomplished through a preliminary hearing which then becomes a matter of right. Sonoda v. Trust Territory (App. Div., November, 1976).

If a justice is physically present, preliminary hearing is in discretion of high court.  In recognition that a certain district may be without the presence of a justice of the high court for extended periods of time, provision is made to protect the substantial rights of the person accused. Preliminary hearings are utilized to safeguard such rights.  However, where a justice of the high court is physically present at the place set for trial the reason for utilization of a preliminary hearing ceases, for the presence of the justice of the high court will assure a speedy trial, and any substantial rights of the person accused that might otherwise be in jeopardy can be protected by the high court.  Where a justice of the high court is physically present at the place of trial a preliminary hearing is not a matter of right; it is a matter of discretion that rests with the trial division of the high court. (Sonoda v. Trust Territory (App. Div., November, 1976).

      9028.  Rights of persons arrested.

     (1)  In any case of arrest, or arrest for examination, as provided in Subsection (4), Section 9021 61 of this Chapter, it shall be unlawful:

     (a)  To deny to the person so arrested the right to see at reasonable intervals, and for a reasonable time at the place of his detention, counsel, or members of his family, or his employer, or a representative of his employer; or

     (b)  To refuse or fail to make a reasonable effort to send a message by telephone, cable, wireless, messenger or other expeditious means, to any person mentioned in Subsection (1) of this Section, provided the arrested person so requests and such message can be sent without expense to the government or the arrested person prepays any expense there may be to the government; or

     (c)  To fail either to release or charge such arrested person with a criminal offense within a reasonable time, which under no circumstances shall exceed 24 twenty-four hours;

     (d)  For those having custody of one arrested, before questioning him about his participation in any crime, to fail to inform him of his rights and their obligations under Subsections (2)(a) - (2)(c) of this Section.

     (2)  In addition, any person arrested shall be advised as follows:

     (a)  That the individual has a right to remain silent;

     (b)  That the police will, if the individual so requests, endeavor to call counsel to the place of detention and allow the individual to confer with counsel there before he is questioned further, and allow him to have counsel present while he is questioned by the police if he so desires; and

     (c)  That the services of the public defender, when in the vicinity of his local representative, are available for these purposes without charge.

Source:  (Code 1966, 464; Code 1970, tit. 12, 68.) 12 TTC 2 68, modified.

Case annotations:  Confession inadmissible where induced after prolonged detainment.  Under interim regulation no. 2-51, if person is deliberately held in custody for four days and thereby induced to make a confession of crime on the fourth day and is not charged with any criminal offense until the fifth day, confession is clearly involuntary and inadmissible. Haruo v. Trust Territory, 1 TTR 565 (App. Div. 1952).

Requirement that suspect be charged within 48 hours of detainment. Under interim regulation no. 2-51 a person arrested for examination may lawfully be held only 48 hours without being charged with a criminal offense.  Any evidence obtained in violation of this regulation is inadmissible. Haruo v. Trust Territory, 1 TTR 565 (App. Div. 1952).

U.S. Supreme Court decision not considered.  In recognizing Trust Territory realities, court will not consider recent United States Supreme Court decision Escobedo v. Illinois on exclusion of confessions as evidence in criminal proceedings. Meyer v. Trust Territory, 3 TTR 586 (App. Div. 1965).

      9029.  Effect of irregularities in issuance of warrant of arrest.
     The proceedings before a court or an official authorized to issue a warrant of arrest shall not be invalidated, nor any finding, order, or sentence set aside, for any error or omission, technical or otherwise, occurring in such proceedings, unless in the opinion of the reviewing authority or a court hearing the case on appeal or otherwise it shall appear that the error or omission has prejudiced the accused.

Source:  (Code 1966, 497; Code 1970, tit. 12, 69.) 12 TTC 2 69.

      9030.  Effect of violation of parttitle.
     No violation of the provisions of this part title shall in and of itself entitle an accused to an acquittal, but no evidence obtained as a result of such violation shall be admissible against the accused; provided, that any person detained in custody in violation of any provision of this part title may, upon motion by any person in his behalf, and after such notice as the court may order, be released from custody by the court named in the warrant, or before which he has been held to answer.  The release shall be upon such terms as the court may deem law and justice require.  The relief authorized by this Section shall be in addition to, and shall not bar, all forms of relief to which the arrested person may be entitled by law.

Source:  (Code 1966,  498 and 499; Code 1970, tit. 12, 70.) 12 TTC 2 70, modified.

Case annotations:  Evidence obtained in violation of rights of accused is inadmissible. Fontana v. Trust Territory, 2 TTR 616 (App. Div. 1959).

Violation of title does not by itself entitle accused to acquittal.  Violation of certain sections of this Code by constabulary does not mean accused must be acquitted or that any evidence obtained thereafter during detention must be excluded. Fontana v. Trust Territory, 2 TTR 616 (App. Div. 1959).