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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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