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State v. Able

The trial court failed to state any findings of fact or conclusions of law as to whether the defendants gave police officers valid and voluntary consent to enter their apartment, resulting in the officers' discovery of marijuana and the defendants' arrest.

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The State appeals the trial court’s grant of Catherine Lindsey Able and Tyler Bridges Selph’s joint motion to suppress evidence, contending that the trial court erred by basing its decision solely on a dislike of police officers’ “knock and talk” procedures. Because we agree that the trial court erred in its basis for granting the motion to suppress, we vacate the trial court’s order and remand for reconsideration.

At the outset, we note that at a hearing on a motion to suppress, “the trial judge sits as the trier of fact.”1 And when this Court reviews the grant or denial of a motion to suppress, we must construe the evidence “most favorably to uphold the findings and judgment of the trial court, and that court’s findings as to disputed facts and credibility must be adopted unless clearly erroneous.”2 However, we owe “no deference to the trial court’s conclusions of law” and are instead “free to apply anew the legal principles to the facts.”3

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