Reginald Boykins was indicted for possession of cocaine after the contraband was found in the center console of his vehicle during a search conducted incident to his arrest for a probation violation. Boykins filed a motion to suppress. At the hearing held on the motion, he contended that the police conducted a Terry 1 stop of his vehicle without a reasonable, articulable suspicion of criminal activity and that the search was invalid under Arizona v. Gant ,2 in which the United States Supreme Court significantly curtailed the authority of the police to conduct a warrantless search of a vehicle incident to a recent occupant’s lawful arrest.3 Based on the arresting officer’s testimony, the trial court denied the motion on two grounds. First, the court found that the contact between the officer and Boykins was a “first-tier” encounter, which did not require articulable suspicion. Second, the trial court ruled that the search was valid under Gant because Boykins was standing next to his car when it was searched. Boykins was then convicted at a bench trial. On appeal, he challenges the denial of his motion to suppress. Because there is evidentiary support for the trial court’s findings, we affirm the trial court’s judgment. At a hearing on a motion to suppress, the trial judge sits as the trier of fact. And Georgia law has long held that the trier of fact may believe or disbelieve all or any part of the testimony of any witness. Thus, on appellate review of a trial court’s order on a motion to suppress evidence, we never second-guess the trial court’s factual findings where they are based on testimonial evidence. We construe the evidence most favorably to the upholding of the trial court’s findings and judgment and affirm unless the court has committed an error of law.4 Properly viewed, the evidence adduced at the suppression hearing shows that on January 3, 2009, DeKalb County Police Officer Michael Morales was patrolling a high crime area when he observed a man in a stopped vehicle talking to a woman who was walking near the entrance of the Wyntree Apartments on Plaster Road. Suspecting prostitution, Morales turned around, and he saw the vehicle leave rapidly. Morales made contact with the woman and inquired whether she knew the man in the vehicle. She stated that she did not and explained that he had offered her a ride. Morales entered the complex to look for the vehicle, which he found backing into a parking space in front of apartment number 58. Morales did not turn on his blue lights but pulled his police car in front of the vehicle, blocking it in. Once the vehicle was parked, Morales approached the driver, later identified as Boykins, to ask for identification. Boykins, who was still inside his vehicle, stated that his identification was in his apartment. Morales then determined that Boykins had an outstanding probation warrant and arrested him. Morales testified that he handcuffed Boykins, then placed him in the custody of a second officer on the scene. Morales searched Boykins’s person and the “wing span within his vehicle,” finding cocaine in the center console. Morales testified that at the time of the search, Boykins was standing outside of his vehicle. When Morales produced the narcotics, Boykins said, “Ah, man, you got me.” He also told Morales that there was no need to field test the substance; it was crack cocaine.
Morales testified that his purpose in searching the vehicle was to ensure that no weapons were left in it because the officers were going to impound it. Morales also testified, however, that the vehicle was not impounded. The officers knocked on the door of apartment number 58, and when Boykins’s wife answered the door, they released the vehicle to her.
