Randy and Sheralyn Felix were indicted for trafficking in marijuana and possession of marijuana. They each moved to suppress evidence of marijuana allegedly discovered during a warrantless search of their home. After a hearing, at which a police officer and Sheralyn Felix were the only witnesses, the trial court granted the motions to suppress, finding, among other things, that the police had not properly obtained consent to search the home. The state appeals, arguing that the trial court erred in granting the motions to suppress because the officers had valid consent to search the home. The argument is without merit and we thus affirm the judgment of the trial court. When reviewing a trial court’s order on a motion to suppress, we must construe the evidence most favorably to uphold the findings and judgment of the trial court.1 Moreover, “the trial court’s findings on disputed facts and credibility are adopted unless they are clearly erroneous and will not be disturbed if there is any evidence to support them.”2
In the instant case, a police drug task force agent testified that his office had received telephone complaints about possible drug activity at the Felixes’ house. The agent did not obtain a search warrant for the house, but went there with other officers to investigate the complaints. The agent and two other plain clothes agents walked up to the front door of the house, where the Felixes stood inside as three of their friends walked out of the house. The agent testified, “I stepped inside and I basically identified myself as a police officer, advised them that we had a complaint of drug activity and did they mind if we stepped inside and spoke to them, at which time they retreated further into the house, stepping toward the living room, allowing us in.” According to the agent, with three plain clothes agents inside the house and other police officers outside it, the Felixes immediately gave verbal consent to a search of their home. On cross-examination, the officer conceded that he could have memorialized the consent either with a written form or tape recorder, but he failed to do so.
