Following a stipulated bench trial, Kendre Green appeals from his recidivist conviction for trafficking in cocaine,1 possessing controlled substances and marijuana with intent to distribute them in violation of the Georgia Controlled Substances Act2 three counts, possession of a firearm during the commission of certain crimes3 two counts, and possession of a firearm by a convicted felon4 two counts. Green contends that the trial court erred in denying his motion to suppress evidence found during a search incident to a warrantless arrest which he argues was performed without probable cause. We disagree and 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 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.5 So viewed, the evidence at the suppression hearing shows that police worked with a confidential informant to arrange a controlled purchase of cocaine from Green. Green spoke on the phone with a police officer posing as the informant’s cousin, and they agreed to meet the next day at the informant’s motel room so that the informant could repay money owed to Green and so the undercover officer could buy cocaine from Green. The next day, a police team staked out the motel along with the undercover officer who waited with the informant for Green to call. The informant had described Green to police as a heavy-set African-American male, five feet ten inches tall, wearing jeans, a white tank top with a bandana and/or white baseball cap, driving a black four door Acura with sport wheels, and carrying a black shoulder bag with narcotics and a loaded gun. Green called the informant four times to say that he was on his way, announcing that they would hear his car stereo before they saw his car. Shortly after the last call when Green spoke directly to the undercover officer and said he was nearing the motel, officers heard and then saw a black, four-door Acura with sport wheels drive into the motel parking lot. Green got out of the car and his appearance, dress, and shoulder bag matched that described by the informant. Green walked directly to the informant’s room and, upon knocking at the door, was arrested by officers waiting in the neighboring room.
Police searched Green’s shoulder bag and found a loaded handgun, spoons with cocaine residue, methamphetamine, marijuana, ecstacy MDMA pills, and 35 grams of cocaine. On Green’s person, police found $1,245 in cash and another loaded handgun. After waiving his Miranda rights, Green later told police that he had gone to the motel to collect money owed to him by an individual in room 231 the informant’s room and to sell cocaine to the undercover officer whom he believed to be the informant’s cousin.
