dissenting:
I disagree that the majority opinion as it currently reads does not decide that Guam enforces United States customs laws. See The People of the Territory of Guam v. Sugiyama, 846 F.2d 570, 571 (9th Cir.1988). Moreover, I believe it is impossible to properly decide this case without first resolving what law applies. If United States customs laws apply, the court must address whether Guam’s officials possess the authority to conduct the searches in question. See United States v. Sandoval Vargas, 854 F.2d 1132, 1136 (9th Cir.1988) (special statutory delegation of authority to conduct searches is given to a limited group of officials); United States v. Soto-Soto, 598 F.2d 545, 549-50 (9th Cir.1979) (same). If Guam is enforcing its own customs law, it is necessary to determine whether Guamanian law authorizes the searches. See Sugiyama, 846 F.2d at 573 & n. 2 (Skopil, J., concurring). Rehearing should be granted to resolve the issue.