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Judges reverse denial of motion to suppress

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The Indiana Court of Appeals overturned the denial of man’s motion to suppress, finding the traffic stop that resulted in his drunk driving arrest wasn’t supported by reasonable suspicion.

Greenwood Police Officer Greg Lengerich stopped Ryan Goens’ minivan for driving without any operable brake lights. During the stop, Lengerich smelled alcohol, gave Goens a warning citation for a vehicle equipment violation, and then conducted field sobriety tests. Goens failed them and blew a 0.21 after taking a certified breath test. He was charged with five counts relating to driving while intoxicated.

He filed a motion to suppress, arguing his minivan had two operable stop lamps and was in compliance with Title 9 of the Indiana Constitution. The officer was unable to attend the hearing and said in his deposition testimony that he couldn’t remember whether only one stop lamp wasn’t working or if all the stop lamps were out. Also at the hearing, Goens’ passenger testified he saw another officer move the minivan to a parking lot and that the only brake light out was on the rear passenger’s side.

Even though the trial court found two stop lamps were lighted, it denied his motion to suppress. The judge concluded it was reasonable for Lengerich to stop the minivan to inform the driver that a light was burned out.

On interlocutory appeal, the Court of Appeals reversed the denial in Ryan J. Goens v. State of Indiana, No. 41A01-1006-CR-277. The state argued that Lengerich properly stopped Goens because his minivan wasn’t in compliance with Indiana Code sections 9-19-6-17 or 9-21-7-1, the “good working order statute.” Goens claimed his minivan had two operating stop lamps and was in compliance with I.C. Section 9-19-6-17(a).

After examining the statutes, the judges determined Goens’ vehicle was in compliance with Section 17(a). They read that statute, along with I.C. chapter 9-19-6, to rule the statutes require at least one, but only one, functioning stop lamp. The trial court concluded that two of the three lamps on Goens’ minivan were working, so there was no violation of I.C. Section 9-16-6-17 to support reasonable suspicion for the stop, wrote Judge Paul Mathias.

The judges also rejected the state’s argument that his vehicle wasn’t in “good working order.” Stop lamps aren’t specifically referenced in Article 21. The purpose of the statute is to require vehicles traveling on darkened roads to have operating headlights and taillights so that others can see the car. After examining the statutes, they decided that a stop or brake lamp isn’t the same equipment as, doesn’t serve the same function as, and is regulated differently from a tail lamp under Indiana statutes.
 
“Furthermore, as set forth above, sections 9-19-6-6 and 17 only require at least one functioning stop lamp. Therefore, if the good working order statute is applied to stop lamps, Goens’s vehicle was in good working order as required by section 9-21-7-1 because two of the three stop lamps on the vehicle were functioning properly at the time of the stop,” wrote Judge Mathias. “For all of these reasons, we conclude that Goens did not operate his vehicle in violation of either section 9-19-6-17 or section 9-21-7-1.”

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  • See Freeman
    Oh my; don't we have fun in Indiana. What do you now tell Law Enforcement.

    Freman v. State 904 NE2

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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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