People v. Schacht

599 N.E.2d 43, 233 Ill. App. 3d 271, 174 Ill. Dec. 497, 1992 Ill. App. LEXIS 1330
CourtAppellate Court of Illinois
DecidedAugust 21, 1992
Docket3-91-0709
StatusPublished
Cited by8 cases

This text of 599 N.E.2d 43 (People v. Schacht) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Schacht, 599 N.E.2d 43, 233 Ill. App. 3d 271, 174 Ill. Dec. 497, 1992 Ill. App. LEXIS 1330 (Ill. Ct. App. 1992).

Opinion

JUSTICE McCUSKEY

delivered the opinion of the court:

Brian Schacht was convicted by a jury of unlawful possession of a controlled substance with intent to deliver (Ill. Rev. Stat. 1989, ch. 56½, pars. 1401(a)(2), 1401.2(1)). Schacht was sentenced to 10 years’ imprisonment.

Schacht appeals, alleging that the trial court erred: (1) in denying his motion to quash arrest and suppress evidence; (2) by improperly restricting his cross-examination of a codefendant; and (3) in denying his request to reopen his case to call another -witness.

We find: (1) that the police had sufficient probable cause to stop Schacht’s automobile and arrest him; (2) that the trial court did not err when it limited Schacht’s inquiry into how long a codefendant might be imprisoned as a result of a plea agreement; and (3) that the trial court properly denied Schacht’s request to reopen his case. Accordingly, we affirm.

The following evidence was presented at Schacht’s suppression hearing.

During the period from May 8 through May 18, 1990, a confidential paid informant gave Will County Sheriff’s Lt. Paul Kaupas detailed information concerning three individuals who were involved in distributing narcotics. Lt. Kaupas had used this confidential source on 10 prior occasions and found that his information was always reliable and accurate. Lt. Kaupas was also aware that the informant had given other police agencies information which had been corroborated and led to convictions.

During his first conversation with the confidential source, Lt. Kaupas was told that a woman named Gail Buczyna and two men nicknamed “God” and “Animal” were distributing drugs in the Mokena area. Lt. Kaupas was a veteran deputy sheriff with 16 years’ experience. He was now operating in the sheriff’s Violent Crime and Drug Suppression Unit. In addition to the male suspects’ nicknames, the informant gave Lt. Kaupas a general description of the two men, including their height, weight, hair color, race, and complexion problems. The informant also said that he would telephone Lt. Kaupas as soon as he had more specific information.

Lt. Kaupas’s second conversation with the informant occurred on May 11, 1990. The informant said that Gail Buczyna lived in an apartment in Mokena in the general area of Schoolhouse Road and 191st. The informant also described the vehicle Buczyna drove. However, he indicated that her car was not being used for drug deliveries. The informant told Kaupas that the first names of the two men were Brian and Jewel. Also, he described a 1977 black Cutlass which was being used by the two men to distribute drugs. The informant gave Kaupas the license number of the Cutlass and information concerning their recent arrest in Crestwood.

Armed with this initial information, Lt. Kaupas began on May 11 to run the data through police computers. He also called the Crestwood police department to corroborate the recent arrest of the two men. On May 15, Lt. Kaupas obtained from the police computers and the Crestwood police the following information: the full names of Brian and Jewel, their dates of birth, additional information regarding their recent arrests, recent photographs of the two men, and their entire criminal histories.

Lt. Kaupas then called the informant on May 15 and indicated that he had corroborated the initial information. The informant told Kaupas that Schacht and Mitchell would be driving the black Cutlass in Mokena that evening. He said the car could be found either in the area of Schoolhouse Road and 191st or 116th Avenue and 195th. Lt. Kaupas began surveillance that evening. However, he did not see anything. After concluding the surveillance, Kaupas called the informant. The informant told Kaupas that he had just missed observing the two men driving the Cutlass.

The informant gave Lt. Kaupas another time, place, and date where Schacht and Mitchell could be found. This information was corroborated by Kaupas when he observed the 1977 Cutlass and the two men at the time and place indicated by the informant.

Prior to May 18, the informant gave Lt. Kaupas the exact apartment location for Gail Buczyna. He said her apartment was located at 10738 Greenwood in Mokena.

Early on May 18, 1990, the informant called Lt. Kaupas to tell him that Schacht and Mitchell would be distributing drugs that evening. The informant called later to say that Schacht and Mitchell would be leaving 116th Avenue and 195th at around 9 p.m. to go to Gail Buczyna’s apartment. The informant called again around 8 p.m. to confirm that Schacht and Mitchell would be arriving at Buczyna’s apartment sometime between 9 p.m. and 10 p.m. to cut cocaine and bag it for distribution.

Based upon all of this information, Lt. Kaupas gathered a contingent of police to begin surveillance of Buczyna’s apartment. At approximately 9 p.m. on May 18, the informant made his final call. The informant now told Kaupas that Schacht, Mitchell, and Buczyna would possibly be joined by another woman. Lt. Kaupas then assigned each police officer specific surveillance duties. Kaupas told the officers that they would be making an investigatory stop of the Cutlass shortly after the suspects left Buczyna’s apartment. Lt. Kaupas informed the officers that they should draw their guns during the investigatory stop because Schacht and Mitchell had been convicted of weapons charges. Also, Lt. Kaupas told the officers that Mitchell had a history of violent crimes.

The surveillance of Buczyna’s apartment began around 9 p.m. The police used binoculars to watch the apartment and the Cutlass. At approximately 10:30 p.m., the officers saw Schacht, Mitchell, Buczyna, and an unknown woman leave Buczyna’s apartment and enter the Cutlass. Schacht sat in the driver’s seat. Mitchell sat on the front passenger side. Both women sat in the back seat.

The police watched as Schacht began to drive the Cutlass away from the apartment. Schacht drove several hundred feet before the police moved in to stop the vehicle. Approximately five to seven marked and unmarked police vehicles, with their red lights flashing, drove in front of and behind Schacht’s vehicle. Lt. Kaupas had previously assigned himself to watch Mitchell’s passenger door. As Lt. Kaupas approached, he told Mitchell to stay in the car. Mitchell reacted by jumping out of the vehicle and running past Kaupas before he was apprehended. Schacht refused to stop the vehicle. Schacht put the vehicle in reverse and started to back up the car. Deputy Pete Piazza stopped Schacht’s car when he reached into the Cutlass and turned off the ignition.

Lt. Kaupas watched Mitchell when he exited the vehicle. He saw him drop on the ground a clear plastic bag containing snow seals. As Schacht was taken out of the car, Deputy Piazza saw in plain view a clear plastic ziploc bag located on the driver’s floor. Inside the ziploc bag were many small bags containing a white powdery substance. The lab tests later confirmed that the white powdery substance was cocaine.

The officers who stopped Schacht’s vehicle were wearing either Mokena police uniforms or hats and vests clearly marked with the word “police.” The marked cars were Mokena police vehicles.

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Bluebook (online)
599 N.E.2d 43, 233 Ill. App. 3d 271, 174 Ill. Dec. 497, 1992 Ill. App. LEXIS 1330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schacht-illappct-1992.