The trial court denied Lamario Danielle Jackson’s motion to suppress evidence obtained during a search of his person after his vehicle was stopped. Jackson was then convicted at a bench trial of possession of less than one ounce of marijuana. On appeal, Jackson contends that the trial court erred in denying his motion to suppress because the arresting officer lacked a reasonable articulable suspicion of criminal activity to justify the stop of his vehicle. As the trial court concluded otherwise based on findings of fact that are supported by the evidence, we disagree with Jackson and affirm the trial court. At a hearing on a motion to suppress, the trial judge sits as the trier of fact.1 “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.”2 “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.”3
Viewed in the light most favorable to the trial court’s ruling that the stop was lawful,4 the evidence adduced at the suppression hearing shows that Athens-Clarke County Police Officer Juan Guardado was patrolling Mitchell Bridge Road in his vehicle on August 14, 2007, when he heard music coming from either a convenience store or gas station, both of which were over one hundred feet away. As he kept driving, Guardado determined that the music was emanating from a car parked at the convenience store. The vehicle was unoccupied, and its windows were down. As Guardado was parking, he saw a man, later identified as Jackson, enter the vehicle and start to back it up. Guardado exited his vehicle and asked Jackson to stop. Guardado asked Jackson why the music was so loud, but Jackson denied that the music was loud. Guardado also testified that he smelled a strong odor of marijuana coming from the vehicle as he spoke to Jackson. Guardado asked Jackson whether he had anything illegal in his car, and Jackson replied that he had Lortab in his pocket. The drug was not in a container. Jackson also admitted that he had smoked marijuana 20 minutes earlier. Guardado observed that Jackson’s eyes were red and bloodshot, and Guardado asked him to get out of his car.
