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State v. Reindel

Court of Appeals of Ohio, Second District, Montgomery

January 6, 2017

STATE OF OHIO Plaintiff-Appellee
v.
DANIEL S. REINDEL Defendant-Appellant

         Criminal appeal from Municipal Court, T.C. NO. 15CRB2281

          NOLAN C. THOMAS, Atty. Reg. No. 0078255, Prosecuting Attorney, City of Kettering, Attorney for Plaintiff-Appellee.

          KIRSTEN KNIGHT, Atty. Reg. No. 0080433, Attorney for Defendant-Appellant.

          OPINION

          DONOVAN, P.J.

         {¶ 1} This matter is before the Court on the Notice of Appeal of Daniel S. Reindel, filed January 25, 2016. Reindel appeals from his judgment entry of conviction, following a no contest plea, to one count of voyeurism, in violation of R.C. 2907.08(A), a misdemeanor of the third degree. We hereby affirm the judgment of the trial court.

         {¶ 2} Reindel was charged by way of complaint on November 19, 2015, with a violation of R.C. 2907.08(A), was well as a violation of R.C. 2911.211, which proscribes aggravated trespassing. He entered a plea of not guilty on November 20, 2015, and he subsequently filed a motion to suppress.

         {¶ 3} At the suppression hearing, Officer Jason Kramer of the Kettering Police Department testified that on November 17, 2015, while in uniform and in his cruiser, he was dispatched to the area of 4313 Sunray Drive at about 5:17 p.m. "to check for a male that was observed by a neighbor looking into the windows of the house" on Sunray. Kramer stated it "was reported that * * * the male that had been looking in the windows was fleeing the area on foot, and being followed by a neighbor." Kramer stated that while "we were responding, the dispatcher updated with information the subject was supposed to be white, approximately forty (40) years old and wearing a black leather jacket."

         {¶ 4} Kramer stated that he continued to receive information that the suspect "was being followed all the way up to approximately the area of Shroyer and Lamont where the subject was watched crossing Shroyer and going into Town and County." Kramer testified that as he approached the area, he observed a person waving at him and pointing to the Town and Country entrance by Figlios. Kramer stated he parked by the entrance as Lieutenant Gabrielson arrived at the location, and that they went inside together. Kramer stated that he "began checking the restrooms that were just inside that entrance. We looked into Figlios, and we started up toward the front of Town and County. Lieutenant Gabrielson continued down the hallway toward the center of Town and Country, and I went out the front doors by Orange Leaf."

         {¶ 5} Kramer stated that he looked out to the end of the parking lot and observed "a white subject wearing a dark colored coat that appeared to be a very similar description. He was stepping from the parking lot and out onto the large sidewalk that's along Stroop Road, and he was walking west." Kramer stated that he ran toward the suspect and "was able to realize it was, in fact, a white male. He was wearing what appeared to be a black leather coat, and he would have been approximately the age of 40s that was described by the dispatcher." Kramer stated that he "hollered to the subject to stop. He did not stop the first time I hollered, and then I hollered, stop, police, or something to the effect with police in it." Kramer stated that the suspect, who turned out to be Reindel, immediately stopped and turned toward him. Kramer stated that Reindel "placed his left hand directly into his front pocket, " and that Kramer "drew my pistol." He stated that he "pointed it at him, and I ordered him to slowly remove it from his pocket." Kramer stated that he "had already been on the radio while I was jogging out to that location, so Lieutenant Gabrielson was aware of where I was heading." Kramer stated that he "held the subject at gun point until Lieutenant Gabrielson got close, at which time I ordered him to turn around and he was secured in handcuffs." At that point, Kramer stated that he holstered his weapon. When asked why he had drawn his weapon, Kramer said that Reindel "didn't initially respond to my command to stop, and then as soon as he did stop, he jammed his hand directly in his pocket. I had no knowledge of whether he had a weapon or what had transpired." Kramer stated that he was concerned for his safety at the time.

         {¶ 6} Kramer stated that "[w]e needed to conduct an investigation about what happened to find out whether there was, in fact, any type of violation that occurred, and I told the gentleman directly when I handcuffed him that he was not in custody, that he was being detained while we conduct an investigation for the security of him and the safety of officers." When asked specifically what he said to Reindel at the time, Kramer responded, "When I placed him in handcuffs, I don't remember the exact words. I would typically say something to the effect of I'm placing you in handcuffs, but you are not under arrest at this time. The detention is for us to conduct an investigation."

         {¶ 7} Kramer stated that he asked Reindel "if he had anything harmful on him, " and that he did not recall his answer. He stated that he "asked him if I could search through all of his pockets, and he said that I could, and I did conduct a search of him." Kramer stated that he found a "small knife that was unconsequential" (sic) in the course of the search. Kramer stated that Reindel was carrying a backpack which he placed on the ground when he was stopped, and that Sergeant Green searched the backpack with Kramer's permission. At the time, Kramer stated that Reindel was standing in the middle of the sidewalk in a public area facing him. Regarding the amount of daylight, Kramer stated that "it was original daylight, and then as we stood the sun went down, so it was a combination of both throughout the time that we were there." According to Kramer, Stroop Road was just a few feet away and there was traffic on the road.

         {¶ 8} Kramer stated that "Lieutenant Gabrielson had asked Sergeant Gaudetter to find the * * * witness that had been following Mr. Reindel so that we could identify whether or not he was actually the person involved, and we could conduct an investigation on what happened on Sunray." Kramer testified that he "didn't have anything to do other than make conversation with Mr. Reindel waiting to find out what, if anything, had happened, or what the situation was." Kramer stated he "asked Mr. Reindel what he was out doing tonight." Kramer testified that Reindel "actually began talking for several minutes. Mr. Reindel at that point made several comments to me. I didn't engage him with any questions at that point, I just let him talk." Kramer stated that Reindel talked for "between forty-five seconds and a minute." Kramer stated that after Reindel "finished talking, I asked him a coupled specific questions about where he lived, and how he got back and forth to work. He answered those questions." Kramer testified, "Sometime shortly after that, Sergeant Gaudette arrived in the area with Mr. Roll, and Mr. Roll advised that Mr. Reindel, the gentleman we had identified as Mr. Reindel was the same subject that he had seen looking into the windows at 4313 Sunray, and the same subject that he had followed all the way over to Town and Country."

         {¶ 9} Kramer stated that Reindel "was told that he was going to be placed in the car awaiting confirmation that the house was occupied, and Lieutenant Gabrielson meeting [sic] with the people that were, the actual victims that would have been in that house because the witness that followed, it was not his house, he had just observed this happen." Kramer stated that Reindel was placed in the back of his cruiser while Gabrielson "drove to Sunray. He confirmed that the house was occupied by three (3) people at the time, and following confirmation, I advised Mr. Reindel that he was under arrest for voyeurism." During this time, Kramer testified that Reindel motioned for him to come to the cruiser and told him that his handcuffs were too tight. Kramer stated that he loosened the handcuffs.

         {¶ 10} Kramer stated that he then transported Reindel to the Kettering jail. He stated that while stopped at the corner of Stroop and Shroyer Roads, he "read Mr. Reindel his rights verbatim from the card that the City of Kettering Police Department's issued to me." Kramer stated that he "asked him if he understood his rights, and he said he did. And there's a phrase on there that asks whether he wants to ask, answer questions without an attorney, and he said that he would answer questions without an attorney with him." Kramer identified a copy of the card he used to advise Reindel of his rights. Kramer stated that Reindel continued to make a statement in the cruiser regarding the events of November 17, 2015. Kramer stated that Reindel provided a written statement in an interview room at the jail, and he identified a copy of the statement. Kramer stated that Reindel "never asked for an attorney at any point, " and that he never indicated any ...


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