The State appeals the trial court’s grant of Hugh Sidney Goodman’s motion to suppress in this narcotics case.1An appellate court reviewing a trial court’s order on a motion to suppress evidence must accept the trial court’s decisions with regard to questions of fact and credibility unless they are clearly erroneous. The reviewing court must also construe the evidence most favorable to the upholding of the trial court’s findings and judgment and must not disturb the findings of the trial judge unless no evidence exists to support them.Citation omitted. Parker v. State , 233 Ga. App. 616, 617 504 SE2d 774 1998. So viewed, the evidence here was that, a week or ten days before the search and seizure at issue, Atlanta Police Detective Schiffbauer had spoken to an individual at the jail who had told him that Goodman, using the alias “Portia,” was selling drugs from his home on Carlisle Way in Atlanta. Other investigation approximately a year earlier by the detective indicated that Goodman also sold drugs from various hotels in the metropolitan area. Schiffbauer ran Goodman’s name and verified that he lived at the Carlisle Way address. Sometime prior to February 19, 2007, Schiffbauer, dressed in civilian clothing and in an undercover capacity, went to that address and saw Goodman get out of his car in his driveway. Schiffbauer approached Goodman and inquired about drugs and asked if Goodman knew where he could purchase any. Goodman was not receptive and Schiffbauer left.
On February 19, 2007, Investigator P.J. Roberson was asked by Schiffbauer to go to Carlisle Way, knock on the door, gain entry, and attempt to make a drug buy. Around 4:00 p.m., Roberson, accompanied by Schiffbauer and Investigator Smart, all dressed in civilian clothing, went to Carlisle Way. While the other two officers remained out of sight, Roberson went to the door of the condominium and knocked. The door was answered by John Delgado, a house guest of Goodman, and Roberson identified himself as “Otto” and asked if “Portia” was available. Delgado allowed him into the condominium. Delgado and Roberson proceeded down a hallway and turned a corner into the main living area, where Goodman and another man later identified as Michael Bland, were seated on a sofa watching pornography on the television. Roberson could see suspected narcotics on the table in front of the couch. Goodman did not respond to Roberson when he introduced himself as “Otto,” a clockmaker. Goodman continued to stare at Roberson without speaking and Roberson sat in a chair and began watching the television. After a couple of minutes of silence, Roberson asked Goodman to sell him drugs, but Goodman did not respond. Goodman then asked “you’re not the police” After Roberson said “no,” he was asked to stand up, drop his pants, and turn around, which he did. Roberson then told Goodman they had partied with mutual friends and asked Goodman to sell him $100 of “girl,” powder cocaine. Just prior to dropping his pants, Roberson had been called on his cell phone by Schiffbauer. Because Goodman kept trying to figure out where he and Roberson had met and was unsuccessful, Roberson became convinced no sale would be forthcoming and gave Schiffbauer the agreed upon signal to enter in order to “freeze” the scene and seize the occupants. When Bland responded to another knock on the door, he quickly shut it and announced that police were present. As Bland walked back into the den after shutting the door, Roberson said the two men were his ride, went to the door, unlocked it, and let them in. All three occupants were then arrested and the scene secured. Approximately an hour and a half after Roberson first entered the condo, Schiffbauer obtained a search warrant based on the above information.
