Pubdate: Wed, 24 Nov 1999 Source: Omaha World-Herald (NE) Copyright: 1999 Omaha World-Herald Company. Contact: http://www.omaha.com/ Forum: http://chat.omaha.com/ Author: Patrick Strawbridge METH RAID EVIDENCE RULED INADMISSIBLE A federal judge has thrown out the evidence that led to the arrest and indictment of two people accused of running a methamphetamine lab near Omaha's Pinewood Elementary School. U.S. District Judge Joseph Bataillon cited police misconduct in his ruling, which came at the request of defense attorneys for Eric Reinholz and Margaret Chevalier. Reinholz and Chevalier were arrested in November 1998 after police found meth ingredients and a small amount of the drug in their house at 63rd Street and Newport Avenue. Bataillon and U.S. Magistrate Judge Thomas Thalken, who also reviewed the case, determined that an Omaha police narcotics officer misled a state court judge when applying for a search warrant. The police officer in question, Steven Podany, said in an affidavit seeking the search warrant that a confidential and reliable source told him that Reinholz "was involved in the use of methamphetamine and may also be involved in the distribution of methamphetamine." The source in question actually was a pharmacist from whom Reinholz had purchased iodine crystals - a legal substance that can be used to process methamphetamine. "The pharmacist knew nothing of Reinholz or his activities except that Reinholz ordered and obtained iodine crystals," Thalken wrote in his recommendation to Bataillon. Although it is not unusual for police officers to cite confidential sources in their search warrants, Podany's request for a search warrant implied that his source was somebody with personal knowledge of illegal activity, Thalken said. "Such was not the case and Officer Podany knew that," Thalken said. "Officer Podany was reckless in his disregard for the truth in not disclosing the true nature of the information received from the 'confidential and reliable' source." Omaha police spokesman Dan Cisar said the department was reviewing the case and could not comment on it Wednesday morning. Podany could not be reached for comment. After removing the confidential source's information, the other incriminating evidence against Reinholz were several syringes and a pipe with drug residue found in a search of trash placed outside Reinholz's home. Although police are allowed to search a suspect's trash without a warrant, Bataillon cited a previous federal ruling that said the discovery of minimal drug paraphernalia in a suspect's trash is not enough to justify a search warrant. "There was no evidence of continued drug activity in (Reinholz's) house, and there was no evidence that the contraband in the trash container actually came from the suspect house as opposed to some passer-by or neighbor." Once the warrant is found to be improper, all the evidence discovered in the search is considered inadmissible in federal court. U.S. Attorney Tom Monaghan could not be reached Wednesday morning to see if he would appeal the case. Authorities still could bring charges against Reinholz and Chevalier in state court, although the search warrant would again face scrutiny. - --- MAP posted-by: Derek Rea