On March 28, 2006, six police officers conducted a search at addressStreet132 Irvin DriveCityDawsonvillecountry-regionGeorgia. Guy Kuhnhausen, who was on probation for a felony offense, had executed a waiver of his Fourth Amendment rights to contest such a search as a condition of his probation. While attempting to conduct the search on Guy Kuhnhausen, officers entered a residence belonging to Shaun Kuhnhausen, Guy’s brother. The trial court ruled that the entry into Shaun Kuhnhausen’s residence was unlawful because no exigent circumstances existed to warrant the intrusion into the residence of Shaun Kuhnhausen and the officers therefore had no authority to extend their presence into the residence of Shaun Kuhnhausen. The state appeals, alleging the trial court erred in suppressing items found in Shaun Kuhnhausen’s residence. We find no error and affirm the trial court’s ruling. 1. The state contends the trial court erred in granting the motion to suppress because at the time of the search Shaun Kuhnhausen “was a co-habitant in a single-family dwelling with his brother, who had waived his Fourth Amendment rights.” In reviewing a trial court’s order granting a motion to suppress evidence, this Court must abide by three principles: First, the judge sits as the trier of facts. The trial judge hears the evidence, and his findings are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment.1We review de novo the trial court’s application of the law to undisputed facts.2
So viewed, the evidence shows that, contrary to the state’s contention, the residence in question is not a single-family dwelling, but, rather, a mobile home which has been permanently divided with the construction of a wall down the width of the home. There is no access from one side of the structure into the other side of the structure. In fact, the only way to get from one residence to the other residence is to exit one residence, walk to the door of the adjoining residence, and enter the door for the second residence. One of the investigators at the scene testified that he knew both Guy and Shaun Kuhnhausen, knew that the structure was divided into two separate residences, and had been in both sides of the structure on previous occasions.
