Barrett Lee Minor was convicted of possession of cocaine.1 He appeals the denial of his motion for new trial, arguing that the trial court erred by admitting his statement to police and that his trial counsel was ineffective. We affirm, for the reasons that follow. When an appellate court reviews a trial court’s order concerning a motion to suppress evidence, the appellate court should be guided by three principles with regard to the interpretation of the trial court’s judgment of the facts. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment.2 So viewed, the record shows that Sergeant Chris Bender of the Douglasville Police Department was conducting a patrol of an area known for narcotics and drug-related activity when he observed Minor walking down the street. Upon seeing the officer, Minor, who had his left hand clenched into a fist, looked over his shoulder several times and increased his pace. Suspecting that Minor might have crack cocaine in his left hand, Bender, while still in his patrol car, asked Minor what he was holding. Minor switched the contents of his left hand to his right, and then opened his left hand and displayed it to Bender. Bender then exited his vehicle, approached Minor, and asked him what he was holding in his right hand. Minor opened his hand and showed the officer a small “jeweler” bag commonly used to package crack cocaine, which bag contained several white rocks that Bender believed to be crack cocaine. Bender then handcuffed Minor, who denied that the items were crack cocaine.
Bender, concerned for his personal safety, then asked Minor whether he had “anything else on his person, any drug-related objects, anything that was sharp that was going to poke, prick, stick the officer, or any weapons.”3 Minor replied that he had a crack pipe, nodding toward his right coat pocket, and Bender retrieved the pipe, which had a metal stem and white residue in the end.4 Minor then reiterated that the rocks in the bag were not cocaine, but stated that the crack pipe was his. After cuffing Minor and finding the crack pipe, Bender closely examined the contents of the bag and noticed that “the rocks were very, very hard. Usually crack cocaine, if you pinch it through the bag, it’s a little softer and might break, and he noticed them not breaking. So it appeared to be something of a hard substance, maybe a rock.”
