People of the Territory of Guam v. Veronica M. Villacrusis

ORDER

The memorandum disposition filed March 3, 1993, is redesignated as a per curiam opinion and will be published.

Appellant Veronica .Villacrusis appeals from the Appellate Division’s affirmance of the Guam Superior Court’s judgment of conviction upon her nolo contendere plea to importation of methamphetamines, in violation of Guam Code Annotated § 67.89.

This court has jurisdiction pursuant to 48 U.S.C. § 1424-3 (c) and affirms.

DISCUSSION

Villacrusis was the subject of a warrantless border search initiated at the primary inspection counter. The Customs Officer selected Villacrusis for a secondary search. At the secondary counter, National Guardsman John E. Polk began to conduct the search under the supervision of Customs Officer Edwin F. Torres. Torres assisted and doubled checked items that Polk removed from Villacrusis’ baggage.

When Polk discovered a suspicious tin foil item, he immediately turned it over to Torres. Torres opened the tin foil, determined that it was a suspicious substance, and personally continued the search of Villacru-sis’ baggage where he discovered additional contraband.

Villacrusis contends that Congress has generally occupied the area in which…