AGO: warrantless arrest is justified By MAR-VIC CAGURANGAN Staff Reporter

A government lawyer has admitted that government agents arrested nine suspected illegal gambling operators without a warrant, but said such action was justified by a Commonwealth law that allows warrantless arrest “in certain circumstances.”

Assistant Atty. General David Sosebee cited a Commonwealth Code which provides that “any person without a warrant may arrest anyone caught in the act of committing a criminal offense.”

“Any police officer can arrest without a warrant,” he added.

Sosebee presented this argument in asking the Superior Court to issue a summary judgment against the $3 million lawsuit filed against the government by former Senate President Juan S. Demapan and his business associate Cheung Ying Pin.

The case arose from the raid conducted by the AGO Investigative Unit on East Ocean, where the nine persons were arrested and business properties including gambling paraphernalia were seized. Demapan has complained that his establishment was shut down without due process.

The lawsuit is seeking damages for false imprisonment, emotional distress, lack of due process, illegal seizures, illegal revocation of license.

Named defendants in the case were the CNMI government, acting Atty. Gen. Maya Kara, Assistant Atty. Gen. Marvin Williams, Asst. Atty. Gen. Phil Goodwin, Public Safety Commissioner Charles Ingram and police officer Paul Ogomuro –– who were all sued in their personal capacities.

Sosebee said Goodwin and Ogomuro “came upon an illegal gambling operations” and caught gambling operators and patrons playing casino games such as baccarat and hi-lo.

Sosebee dismissed Demapan’s claim that his gaming business was licensed under his company, Just For Fun, Inc.

Sosebee attached to his motion an affidavit from Finance Secretary Lucy Nielsen, who declared that “no lottery operator’s license has ever been issued to Demapan.”

Also attached to the motion were two business licenses under Demapan’s name —– one for Just For Fun, and another for Demapan Gaming Establishment.

The license for Just For Fun was issued Jan. 8, 1998 by then acting Finance Secretary Dolores Guerrero. Such license allows Just For Fun to engage in lottery games.

The one for Demapan Gaming Establishment was issued by Nielsen on July 26, 1999. This license does not mention anything about lottery.

Sosebee said only the finance secretary is authorized to issue business licenses.