Goens v. State

943 N.E.2d 829, 2011 Ind. App. LEXIS 166, 2011 WL 490848
CourtIndiana Court of Appeals
DecidedFebruary 14, 2011
DocketNo. 41A01-1006-CR-277
StatusPublished
Cited by13 cases

This text of 943 N.E.2d 829 (Goens v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goens v. State, 943 N.E.2d 829, 2011 Ind. App. LEXIS 166, 2011 WL 490848 (Ind. Ct. App. 2011).

Opinion

OPINION

MATHIAS, Judge.

Ryan Goens (“Goens”) has filed an interlocutory appeal challenging the Johnson Superior Court’s denial of his motion to suppress. Goens argues that the traffic stop that resulted in his arrest for driving while intoxicated was not supported by reasonable suspicion. We agree and reverse the trial court’s denial of Goens’s motion to suppress.

Facts and Procedural History

On April 3, 2009, Officer Greg Lengerich of the Greenwood Police Department observed a Chevrolet minivan “without any operable brake lights.” Appellee’s App. pp. 1, 7. The officer initiated a traffic stop [831]*831of the vehicle, which was driven by Goens and contained one passenger, Aaron Garza (“Garza”). During the stop, Officer Lengerich “could smell the strong odor of an alcoholic beverage emitting from [Goens].” Id. at 19. Goens was given a warning citation for a vehicle equipment violation, and the officer then asked him to step out of the vehicle.

Officer Lengerich proceeded to conduct standard field sobriety tests. Goens failed the horizontal gaze nystagmus, one-legged stand, and walk-and-turn tests. Goens was also offered a portable breathalyzer test, and the test indicated positive for the presence of alcohol. Goens then agreed to take a certified breath test, which established an alcohol concentration equivalent (“ACE”) of .21 grams of alcohol per 210 liters of breath.

On April 8, 2009, Goens was charged with Class D felony operating a vehicle while intoxicated, Class A misdemeanor operating a vehicle while intoxicated endangering a person, Class A misdemeanor operating a vehicle with an ACE of .15 or more, Class C misdemeanor operating a vehicle while intoxicated, and Class C misdemeanor operating a vehicle with an ACE of .08 or more. The State also alleged that Goens was a habitual substance offender.

On January 14, 2010, Goens filed a motion to suppress all evidence obtained as a result of the traffic stop. In the motion, Goens claimed that Officer Lengerich lacked reasonable suspicion to stop his vehicle because the vehicle had two operable stop lamps and was therefore in compliance with Title 9 of the Indiana Code. Goens therefore argued that “the stop, detention, subsequent arrest and seizure violated [his] rights secured by” the Fourth and Fourteenth Amendments and under Article One, Section Eleven. Appellant’s App. p. 13.

A hearing was held on the motion to suppress on April 12, 2010. Officer Lengerich was unable to appear, and the parties stipulated to the admission of his deposition testimony. During his deposition, Officer Lengerich stated that he could not recall whether only one stop lamp was not working or if all of the vehicle’s stop lamps were inoperable. Ap-pellee’s App. p. 15. At the hearing, Garza testified that he observed another officer move Goens’s vehicle to a nearby parking lot after Goens’s arrest, and that only the stop lamp on the rear passenger’s side was inoperable. Tr. p. 24. At the conclusion of the suppression hearing, the trial court stated, “I think it has been established that there were two (2) lamps lighted.” Tr. p. 52.

Despite finding that two of the vehicle’s stop lamps were operating at the time of the stop, the trial court denied Goens’s motion to suppress after concluding that it was reasonable for the officer to stop the vehicle for one inoperable stop lamp, if for no other reason than to inform the driver that the light was burned out. Tr. p. 53. Thereafter, Goens asked the trial court to certify its interlocutory order to allow for an immediate appeal. On May 12, 2010, the trial court granted Goens’s motion. Our court accepted jurisdiction of this appeal on July 16, 2010.

Standard of Review

Goens argues that the trial court abused its discretion when it denied his motion to suppress. We review the trial court’s denial of a motion to suppress evidence for an abuse of discretion. Montgomery v. State, 904 N.E.2d 374, 377 (Ind.Ct.App.2009), trams, denied. A trial court abuses its discretion if its decision is clearly against the logic and effect of the facts and circumstances before it. Id. In conducting our review, we do not reweigh the evidence, and we consider conflicting evi[832]*832dence in a light most favorable to the trial court’s ruling. Webster v. State, 908 N.E.2d 289, 291 (Ind.Ct.App.2009), trans. denied. However, we also consider uncontested evidence favorable to the defendant. Id.

Discussion and Decision

Goens argues that his vehicle was equipped with two operating stop lamps and was in compliance with Indiana Code section 9-19-6-17(a). Therefore, Officer Lengerich lacked reasonable suspicion to conclude that Goens had committed an infraction or ordinance violation, the required predicate to initiate the traffic stop at issue. The State argues that the officer properly stopped Goens because his vehicle was not in compliance with either section 9-19-6-17 or section 9-21-7-1, the “good working order statute.”

“ ‘It is well-settled that a police officer may briefly detain a person whom the officer believes has committed an infraction or an ordinance violation.’ ” Datzek v. State, 838 N.E.2d 1149, 1154 (Ind.Ct.App.2005), trans. denied (quoting Peete v. State, 678 N.E.2d 415, 419 (Ind.Ct.App.1997), trans. denied). The determination of reasonable suspicion and probable cause requires de novo review on appeal. See Myers v. State, 839 N.E.2d 1146, 1150 (Ind.2005).

Goens concedes that the stop lamp (or brake light) on the rear passenger side of his vehicle was inoperable. But he disputes the State’s initial assertion that none of his stop lamps were working properly.

The State relies on Officer Lengerich’s statement in his narrative report that Goens was operating the vehicle “without any operable brake lights.” Appellee’s App. p. 1. But in his deposition, the officer testified, “I don’t recall if it didn’t have any [operable brake lights] or just one that wasn’t working.” Id. at 15. Passenger Garza, who observed the vehicle as it was driven away to a nearby parking lot after Goens’s arrest, testified that only the passenger side stop lamp was inoperable. Tr. p. 25. The trial court weighed this evidence and concluded, “I think it has been established that there were two (2) lamps lighted.” Tr. p. 52.

Consequently, we must first consider whether Goens’s vehicle, which had two functioning stop lamps, was in compliance with Indiana' Code section 9-19-6-17(a). The general rule of statutory construction is that

[p]enal statutes should be construed strictly against the State and ambiguities should be resolved in favor of the accused. At the same time, however, statutes should not be narrowed so much as to exclude cases they would fairly cover. Also, we assume that the language in a statute was used intentionally and that every word should be given effect and meaning. We seek to give a statute practical application by construing it in a way favoring public convenience and avoiding absurdity, hardship, and injustice.

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Cite This Page — Counsel Stack

Bluebook (online)
943 N.E.2d 829, 2011 Ind. App. LEXIS 166, 2011 WL 490848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goens-v-state-indctapp-2011.