U.S. v. Reinholz

• Decision Date: 12 May 2000
• Docket Number: No. 00-1166,DEFENDANTS-APPELLEES,PLAINTIFF-APPELLANT,00-1166
• Citation: 245 F.3d 765
• Parties: (8th Cir. 2001) UNITED STATES OF AMERICA,, v. ERIC B. REINHOLZ; MARGARET E. CHEVALIER, Submitted:
• Court: U.S. Court of Appeals — Eighth Circuit

Page 765

245 F.3d 765 (8th Cir. 2001)

UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT, v. ERIC B. REINHOLZ; MARGARET E. CHEVALIER, DEFENDANTS-APPELLEES.

No. 00-1166

UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Submitted: May 12, 2000

Filed: March 29, 2001

Appeal from the United States District Court for the District of Nebraska

[Copyrighted Material Omitted]

[Copyrighted Material Omitted]

[Copyrighted Material Omitted] Before McMILLIAN, Bright, and Wood¹ , Circuit Judges.

McMILLIAN, Circuit Judge.

The United States appeals the district court's order granting defendant Eric B. Reinholz's motion to suppress evidence and statements and defendant Margaret E. Chevalier's motions to suppress evidence. United States v. Reinholz, No. 8:99CR4 (D. Neb. Nov. 19, 1999). The Government argues that the district court erred when it granted Reinholz's and Chevalier's motions to suppress statements and evidence from the search of their residence, Honda Prelude, and Reinholz's Toyota Camry. The Government also argues that the district court erred when it granted Reinholz's motion to suppress his post-arrest statements. For the reasons discussed below, we reverse in part, affirm in part, and we remand the case for further proceedings consistent with this opinion.

I. JURISDICTION

The district court acquired jurisdiction pursuant to 18 U.S.C. § 3231. We have jurisdiction over this interlocutory appeal pursuant to 18 U.S.C. § 3731. The Government's notice of appeal was timely filed pursuant to Fed. R. App. P. 4(b).

II. BACKGROUND

Iodine crystals may be used as an ingredient to manufacture methamphetamine.² As part of its effort to investigate methamphetamine trafficking, the Omaha Police Department asked pharmacies to report anyone buying iodine crystals. On Friday, October 2, 1998, a local pharmacist telephoned Omaha Police Officer Steven Podany and reported that Eric Reinholz ordered thirty grams of iodine crystals. The pharmacist, who wanted to remain anonymous, reported that Reinholz told the pharmacist that he wanted the crystals to clean tools, that Reinholz arranged to pick up the crystals on November 2, 1998, because they were not in stock, and that Reinholz previously purchased iodine crystals from the pharmacy. The pharmacist provided a physical description of Reinholz and the make, model, and license plate number of Reinholz's car. The pharmacist thought that Reinholz was manufacturing, distributing, and using methamphetamine because he knew of no legitimate use for iodine crystals.

On Tuesday, October 20, 1998, a pharmacist at the same pharmacy telephoned Officer Podany and reported that Reinholz planned to be at the pharmacy the next day to pay for the iodine crystals. Omaha Police Sergeant Fidone and Officer Hadcock conducted surveillance of the pharmacy and saw Reinholz enter and leave the pharmacy. They followed Reinholz to work and noted the color, make, model (gray Toyota Camry), and license plate number of Reinholz's car. Police investigation revealed that the Toyota Camry was registered to Reinholz, but the registration address was not his residence. Officer Podany discovered Reinholz's current address and learned that Reinholz lived with Margaret Chevalier, at her house.

The police investigation continued. Sergeant Fidone returned to the pharmacy and questioned the pharmacists. The police periodically drove by Reinholz and Chevalier's residence and conducted record checks of the vehicles parked there. The police were unable to determine whether any of the individuals who visited the house were involved in drug trafficking. They determined that Chevalier had been convicted of drug charges, but they did not find any record for Reinholz. On Tuesday, November 3, 1998, Reinholz picked up the iodine crystals.

On Wednesday, November 18, 1998, Officer Podany grabbed four plastic trash bags at the curb in front of Chevalier's house. The next day, Officer Podany searched the trash bags and found twenty hypodermic syringes with residue, a brass pipe with residue, and documents identifying Reinholz and Chevalier. Officer Podany sent four syringes and the brass pipe to a state laboratory for testing. Residue on the four syringes tested positive for methamphetamine and residue on the brass pipe tested positive for cocaine.

On Friday, November 20, 1998, Officer Podany prepared an application and affidavit for a search warrant for Reinholz's person and the residence. The fifth paragraph of the affidavit provided:

That the following are the grounds for issuance of a search warrant for said property and the reasons for the Affiant's belief, to-wit: On 05 October 1998, your Affiant Officer received information from a confidential and reliable source that a party REINHOLZ, Eric B., is involved in the use of methamphetamine. According to the source, REINHOLZ may also be involved in the distribution of methamphetamine. According to the source, REINHOLZ drives a gray 1990 Toyota Camry with Nebraska license plates: 1-EH326.

(Appellant's App. At A-37.) The affidavit also described Chevalier's house, the trash bags, the four syringes with methamphetamine residue, the brass pipe with cocaine residue, Chevalier's record, and Reinholz's physical description. The state judge issued a search warrant for the residence and Reinholz's person for methamphetamine and cocaine, monies and records of drug trafficking, and items identifying the occupants of the house.

On Tuesday, November 24, 1998, Officers Podany and Hadcock approached Reinholz as he was leaving work shortly after 5:00 p.m. They identified themselves, displayed their badges, and told Reinholz they had a search warrant for his person and his residence. They stood him spread eagle, patted him down for weapons, handcuffed him, placed him in the back of Officer Podany's unmarked police car, and drove for twenty-five minutes through rush hour traffic. They did not advise Reinholz of his Miranda rights and they did not question him, but they did inform him that they were taking him to his residence to execute the search warrant. Reinholz asked whether the search had anything to do with the iodine crystals and whether Chevalier would be charged if anything was found in the house.

The officers stopped in a junior high school parking lot located about two blocks from Chevalier's house. Officer Podany got out of the car and Reinholz told Officer Hadcock that they would probably find drug paraphernalia in the house but that anything found was his and not Chevalier's. When Officer Podany returned to the car, Officer Hadcock told him what Reinholz said. Officer Podany advised Reinholz of his Miranda rights. Reinholz waived his Miranda rights and agreed to talk. Reinholz was still handcuffed and sitting in the back of the unmarked police car. Reinholz said that the police would probably find drug paraphernalia in the house but that it belonged to him and not Chevalier.

Reinholz agreed to accompany the police executing the search warrant. The police entered the house and found Chevalier in the living room. After the police conducted a protective sweep, Officer Podany questioned Chevalier. The officer did not advise her of her Miranda rights. He asked her about Reinholz's involvement with methamphetamine and whether there was methamphetamine in the house. Chevalier became very upset and began to cry. Another police officer informed Officer Podany that they had discovered a methamphetamine laboratory in the garage, and Officer Podany stopped asking Chevalier questions.

While he was executing the search warrant, Sergeant Fidone walked past a Honda Prelude parked in the driveway. He noticed that the engine had been removed and he recognized drug paraphernalia (including a bottle of iodine crystals, a plastic bag of reddish powder, a container of lye, an Ohaus scale, and several jars containing fluids) in the front seat and back seat. Later investigation revealed that the Honda Prelude was registered to Cody Bruckner.

Officer Podany approached Reinholz, reminded him of his Miranda rights, told Reinholz they discovered drug paraphernalia in the garage, and asked Reinholz if he was manufacturing methamphetamine. Reinholz admitted that he was a methamphetamine addict and that he had manufactured methamphetamine two days before. Reinholz denied selling methamphetamine. Reinholz told officers that Chevalier was an occasional methamphetamine user and that he had given her methamphetamine. Reinholz also said that he manufactured methamphetamine in the garage and in the back seat of the Honda Prelude. Reinholz orally consented to a search of his Toyota Camry, but he did not sign a consent form explaining his right to refuse consent. Later, Officer Hadcock searched Reinholz's Toyota Camry and found a small black nylon bag containing drug paraphernalia.

In January 1999, a federal grand jury indicted Reinholz and Chevalier on charges of conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. §§ 846, 841, and maintaining a place for the purpose of manufacturing methamphetamine, in violation of 21 U.S.C. § 856. In addition, the grand jury charged Reinholz with manufacturing and attempting to manufacture methamphetamine within 1000 feet of a public elementary school in violation of 21 U.S.C. § 860(a), and unlawful possession of equipment, products, and chemicals which could be used to manufacture methamphetamine in violation of 21 U.S.C. § 843(a)(6).

Chevalier and Reinholz filed motions to suppress. Chevalier filed motions to suppress: (1) evidence and statements seized by the Government as a result of the search of Reinholz's Toyota Camry; (2) her statements made during the search of her residence; (3) evidence and statements seized by the Government as a result of the search of the Honda Prelude; and (4) evidence and statements obtained by the Government as a result of the search of her residence. Reinholz challenged the legality of his arrest and filed a motion to...