Elton Ray Culpepper was indicted on charges of trafficking in cocaine, possession of a firearm during the commission of a crime, possession of a firearm by a convicted felon, and possession of marijuana. Culpepper filed a motion to suppress, arguing that the search of his apartment violated his constitutional rights. The trial court entered an order granting Culpepper’s motion to suppress, from which the state appeals, asserting that the officers’ search of Culpepper’s apartment, which resulted in the discovery of the contraband, was justified by exigent circumstances. Because there was some evidence to support the trial court’s ruling, we affirm. We review a trial court’s order on a motion to suppress under the “any evidence” standard, that is, we will not disturb such an order if there is any evidence to support it.1 “The trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. We construe all evidence presented in favor of the trial court’s findings and judgment.”2
So construed, the evidence adduced at the suppression hearing showed that officer Anthony L. Thomas of the Clayton County Police Department received a radio dispatch concerning an armed robbery by two men, one carrying a handgun, reported to be taking place at an apartment at 1208 Chase Village Drive in Jonesboro. Thomas went to the scene and saw Culpepper enter the apartment in question and close the door. Not knowing whether Culpepper might be one of the robbers, Thomas called for back-up. As he waited for back-up to arrive, he saw Culpepper open the door to the apartment, whereupon Thomas asked him to show his hands, handcuffed him, determined that he was not armed, and detained him. Culpepper told Thomas that he lived in the apartment; that he was not one of the robbers; and that the robbers had left the apartment. Shortly thereafter, Culpepper’s girlfriend emerged from an upstairs apartment and confirmed that Culpepper lived at the apartment and that he was not one of the robbers. She told Thomas that when the robbers entered the apartment, she fled the apartment and went upstairs to call 911. Thomas then released Culpepper. While Culpepper and the girlfriend remained outside the apartment, Thomas and another officer entered the apartment in order to sweep the apartment for suspects. Neither Culpepper nor his girlfriend gave the officers permission to search the apartment. Thomas testified at the suppression hearing that he heard no commotion or other sound inside the apartment that would have indicated the existence of an emergency inside the apartment.
