After a bench trial, William Morrow was convicted of manufacturing marijuana and trafficking in marijuana. Morrow appeals the trial court’s denial of his motion for new trial, contending the trial court erred in denying his motion to suppress the results of a search of his person and home pursuant to a Fourth Amendment waiver that was a special condition of his probation. We find no error and affirm Morrow’s convictions. The following three principles apply in the appellate review of a trial court’s denial of a motion to suppress: 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 them. 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.1 “Because there was testimonial evidence in this case, we do not apply a de novo standard of review.”2
So viewed, the evidence reveals that prior to the search at issue in the present case, Morrow had entered a negotiated guilty plea to possession of a firearm and possession of marijuana and was sentenced to confinement for a period of five years. The sentencing court permitted the sentence to be served on probation provided that Morrow comply with general and special conditions. Of particular importance is the following special condition of Morrow’s probation: The Defendant: . . . shall submit to a search of his/her person, houses, papers and/or effects as these terms of the Fourth Amendment to the United States Constitution are defined by the courts, any time of the day or night, with or without a search warrant, whenever requested to do so by a probation officer, and he/she specifically consents to the use of anything seized as evidence in any judicial proceedings or trial. While Morrow was serving his sentence, a confidential informant advised the Forsyth County Sheriff’s Office Narcotics Unit that Morrow was growing marijuana and that Morrow regularly used marijuana. The informant told the Narcotics Unit that a room at Morrow’s business had recently been installed with upgraded ventilation, upgraded electrical work, and a heavy duty type lock. After receiving the tip, a Narcotics Unit investigator contacted Morrow’s probation officer, who aided him in finding Morrow’s home. After receiving permission from the probation officer to search Morrow pursuant to his Fourth Amendment waiver, two investigators from the Narcotics Unit approached Morrow while he was on his lawn. The investigators advised Morrow that they were there to perform a search of the home as allowed under his probation and ordered him to empty his pockets on the hood of his vehicle. Morrow complied, and placed approximately $5000 in cash on the hood of the car. An investigator patted Morrow down and discovered a small bag of marijuana in Morrow’s pocket.
