Following a bench trial, the Superior Court of Cobb County found Joseph Williams guilty beyond a reasonable doubt of possession with intent to distribute marijuana, OCGA § 16-13-30 b. He appeals from the denial of his motion for new trial, contending that the trial court erred in denying his motion to suppress. For the following reasons, we reverse. While the trial court’s findings as to disputed facts in a ruling on a motion to suppress will be reviewed to determine whether the ruling was clearly erroneous, where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review. Citations omitted. Vansant v. State , 264 Ga. 319, 320 1 443 SE2d 474 1994. The undisputed evidence in this case shows the following facts. At about 1:45 a.m. on September 17, 2003, a Powder Springs police officer observed a car which was approaching him cross the yellow center line of Hopkins Road. The officer could not determine whether a male or female was driving the car. After executing a “U-turn” so that he could follow the car, the officer saw that the car had a broken right taillight. The officer lost sight of the car when the driver of the car turned off its headlights and turned right off of Hopkins Road. The officer could not determine exactly where the driver had turned, so he asked other officers in the area to help search for the car. A few minutes later, another officer located a car with a broken right taillight; the car was warm to the touch, indicating it had recently been driven. The car was parked at a residence on Hopkins Road, and there were tire tracks in the grass leading to the car. One of the officers detected an odor of alcohol around the vehicle.
The officer who had located the car knocked on the front door of the house. When a woman came to the door, the officer asked her who the car belonged to, and she responded that it was her uncle’s car and that her uncle was not there. The officer described the woman’s demeanor as surprised and “very, very irate.” The woman told both officers to “get off my f —ing property without a warrant.” The officers then informed the woman that they were going to impound the vehicle so they could conduct an investigation to determine who had been driving the car when it crossed the center line.
