Morde Henry Spencer, Jr. appeals from his conviction for possession of heroin. In his sole enumeration of error on appeal, Spencer asserts he is entitled to a new trial, because his trial counsel provided ineffective assistance of counsel by failing to file a motion to suppress. For the reasons set forth below, we affirm. The test for analyzing the validity of a claim of ineffectiveness of counsel provided in Strickland v. Washington , 466 U. S. 668 104 SC 2052, 80 LE2d 674 1984 asks whether counsel’s performance was deficient and, if so, whether this deficiency prejudiced the defense; that is, whether there is a reasonable probability that the outcome of the proceedings would have been different, but for counsel’s deficiency. Citation, punctuation and footnote omitted. Bruce v. State , 252 Ga. App. 494, 498 2 555 SE2d 819 2001. “A trial court’s finding that a defendant has not been denied effective assistance of trial counsel will be affirmed unless clearly erroneous.” Citations and punctuation omitted. Scapin v. State , 204 Ga. App. 725 420 SE2d 385 1992. “When trial counsel’s failure to file a motion to suppress is the basis for a claim of ineffective assistance, the defendant must make a strong showing that the damaging evidence would have been suppressed had counsel made the motion.” Citation omitted. Richardson v. State , 276 Ga. 548, 553 3 580 SE2d 224 2003.
In the motion for new trial hearing, Spencer’s trial counsel testified that she did not file a motion to suppress, because she believed the police were authorized to search Spencer’s room based upon the following condition of his probation:Probationer shall submit to a search of his/her person, vehicle, residence and property, with or without a warrant at any time such request is made by the probation staff, city, county, or state law enforcement officer and specifically consents to the use of anything seized as evidence in a proceeding to revoke or discipline said probationer. The record shows that a narcotics agent became interested in Spencer on August 17, 2005, after a person placed an anonymous phone call to the Henry County police department hotline about drug use or sales by Spencer at a particular address.
