JUDGE SAYS SEARCH WARRANT DID NOT SHOW PROBABLE CAUSE

PORTAGE, Wis. (AP) -- Physical evidence gathered during the execution of a
search warrant involving day-care operators facing drug charges cannot be
used against them, a judge ruled.

Columbia County Judge Richard L. Rehm said Thursday that the warrant to
search a day care owned and operated by George and Kay Salzwedel of Columbus
did not provide probable cause.

Rehm also said the warrant, issued to Columbus and Columbia County
authorities, contained significant misrepresentations.

George and Kay Salzwedel, aged 41 and 47, were arrested after Columbia
County authorities executed the search warrant at the couple' s home Nov.
26, 1997.

Police said they found 12 separately-packed quarter-ounce bags of marijuana
at the home weighing 43 grams in all.

George Salzwedel was charged with possession of marijuana with an intent to
deliver and maintaining a drug dwelling. Kay Salzwedel faces charges party
to possession and maintaining a drug dwelling. They are scheduled to go on
trial Aug. 12.

The judge said an affidavit requesting the warrant stated an anonymous
caller was not interested in an cash reward when that person really was.

The affidavit also stated a Columbus police officer witnessed several
vehicles stop at the day care without picking up children, the judge said.

The officer' s statement supported a statement from the anonymous caller
that the drug deals took place while parents were picking up their kids to
hide any unusual traffic.

Both Lawler's observation and the caller' s reported statement differed from
other reports, Rehm said.

" I find that each of these misrepresentations are of significant
importance, " Rehm said. " And, each of them were made with reckless
disregard for the truth."

The judge said he also had to consider information omitted from the warrant.

The fact that the caller was anonymous raised questions over the credibility
of the allegations, Rehm said.

Since there was no witness to verify the statements, the only way to test
the caller' s statements was to find supporting facts for the information
with an independent investigation, the judge. This is something the Columbus
Police Department did not do well enough, Rehm said.

A hearing is scheduled Aug. 3 to determine whether statements obtained from
the Salzwedels and from third party witnesses are still admissible in court.

Columbia County District Attorney Timothy Henney said prosecutors have to
review the remaining evidence to determine whether there is enough of a case
to prove the Salzwedels are guilty beyond a reasonable doubt. If not, Henney
said, the state might be forced to drop all charges.

Columbus Police Chief Tony Brus said he was very disappointed about the
amount of evidence that was suppressed.

" I realize the judge has to follow certain guidelines when he makes these
rulings, " Brus said. " I hope the district attorney will be able to use the
confessions to prove his case."

Copyright 1998 Associated Press.

Checked-by: Melodi Cornett