Following a bench trial on stipulated facts in the Superior Court of Henry County, co-defendants Christoper Liles and Zachary Kilgo appeal their convictions for possession of marijuana less than one ounce, OCGA § § 16-13-30 j 1, and possession of Alprazolam, a schedule IV controlled substance, OCGA § § 16-13-28 a 1; 16-13-30 a. The appellants challenge the trial court’s order denying their motion to suppress allegedly illegally seized evidence, raising identical issues. We consolidate these appeals for disposition in a single opinion, and, finding no error, we affirm. 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 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. Punctuation and footnote omitted. Esposito v. State , 293 Ga. App. 573 667 SE2d 425 2008. In the late afternoon of December 4, 2009, a City of McDonough uniformed police officer received a tip from a drug task force agent that two men were involved in illegal narcotics activities in Room 178 of a Henry County hotel. The officer and a new trainee went to the room, and the officer knocked on the door. As the officer knocked, he smelled the strong odor of burnt marijuana. A man inside the room asked: “Who is it” The officer identified himself as a police officer. The occupant of the room did not open the door, and the officer heard “a lot of shuffling around.” The officer knocked on the door again, announcing “McDonough Police Department.” A man inside the room pulled the curtains away from the front window to look out, and the officer recognized the man as Christopher Liles, a person with whom he was familiar “from previous drug transactions.” The officer advised Liles that he smelled marijuana smoke coming from the room and that Liles should let him in, at which point Liles let the officer into the room.
The officer observed that the hotel room was filled with marijuana smoke. The officer saw a second man he knew, Zachary Kilgo, lying on one of the beds. The officer told the men that he could see the marijuana smoke and asked them if there was “anything else in the room.” The men told the officer that there was a “roach,” the butt of a marijuana cigarette, in the ashtray. The officer retrieved the roach and asked, again, if there was anything else in the room. Liles said: “No, there’s nothing else. Feel free to search.” The officer searched the room and found a small bag of marijuana and two sets of scales in the coffee table drawer. The officer, upon noticing that one of the ceiling tiles in the bathroom was slightly out of place, searched behind it and discovered three more bags of marijuana and six pills containing the prescription drug Alprazolam Xanax.
