The State charged Nicholas Carter with trafficking in cocaine,1 possession of marijuana with intent to distribute,2 theft by receiving stolen property,3 and possession of a firearm during the commission of a felony.4 Shadarian Mitchell was charged with trafficking in cocaine, possession of marijuana with intent to distribute, and possession of a firearm during the commission of a felony, and Deante White was charged with trafficking in cocaine, possession of marijuana with intent to distribute, possession of a firearm during the commission of a felony, and two counts of possession of a firearm by a convicted felon.5 Carter, Mitchell, and White moved to suppress the evidence obtained by the State, and the trial court granted the motion. The State appeals the suppression, and we affirm in part and reverse in part, for reasons that follow. When reviewing a ruling on a motion to suppress, we view all evidence in the light most favorable to uphold the trial court’s findings and judgment, and we accept the trial court’s findings on disputed facts and credibility unless clearly erroneous.6 So viewed, the evidence showed that Shondorrea Smith rented a house located at 180 Toni Place in Atlanta on February 17, 2009. The lease prohibited Smith from subletting the house or assigning the lease without the written consent of management, provided that the house could only be occupied by persons named as residents in the lease, and prohibited “occupancy by guests staying over several days.”7 The lease also prohibited Smith from making alterations to the premises.
The property manager, Luke Shirah, called Smith several times in March 2009 to discuss her overdue rent and a drainage problem on the property. Shortly before noon on March 17, 2009, Shirah went to the house to inspect the drainage problem and to collect the rent. Shirah, who knew that Smith did not have a car, noticed three vehicles parked at the house when he arrived. He also observed several broken windows and saw that someone had added a security door to the front entrance of the house. Shirah knocked on the door, but no one responded. He then reached through the open window adjacent to the door and pulled the blinds aside. According to Shirah, he could smell marijuana through the window. Shirah yelled into the window, identifying himself as “property management,” but no one responded. He then left the house, got in his car, and parked around the corner to watch the house. A short time later, he saw an unidentified woman exit the house, and he approached and “told her . . . I was just knocking on that door. How did you just come out of there What’s going on How did you get in there” The woman responded simply that she was getting into her car, and she left.
