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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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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