Following a stipulated bench trial, Horatio Lewis appeals his conviction of possession of cocaine with intent to distribute,1 contending that the trial court erred by denying his motion to suppress evidence found in his vehicle during an inventory search after his arrest. Because the arrest arose from a valid Terry stop based on reasonable articulable suspicion under the totality of the circumstances, and because the officer was then authorized to perform an inventory search prior to impounding Lewis’s vehicle, we affirm. When an appellate court reviews a trial court’s order concerning a motion to suppress evidence, the appellate court should be guided by three principles with regard to the interpretation of the trial court’s judgment of the facts. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence 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.Punctuation and citations omitted; emphasis omitted and supplied. Tate v. State .2 So construed, the evidence from the suppression hearing shows that a patrol officer received a call from dispatch to go to a particular intersection to look for an African-American male, who was apparently selling drugs and was dressed in blue jeans, a gray hooded sweatshirt, and white sneakers. Upon responding to the call, the officer saw Lewis, an African-American male, very near the specified intersection and wearing blue jeans, a gray hooded sweatshirt, and white sneakers. As the officer slowed his patrol car to a stop, Lewis noticed the officer approaching and began putting his hands down into the waistband of his pants. The officer exited his vehicle, unholstered his weapon, and told Lewis to stop what he was doing and get on the ground. At that point, Lewis began walking toward a truck parked on the sidewalk near where Lewis was standing, and the officer again ordered him to stop. Lewis then broke into a run, fled behind some nearby houses, crossed through several back yards, and was ultimately tackled and arrested by the officer for obstruction.
The officer searched Lewis and found no contraband on Lewis but found keys to the truck where he first encountered Lewis. The officer searched the illegally parked truck prior to impounding it and discovered 87.4 grams of suspected crack cocaine, $1,565 in cash, and Lewis’s identification. Lewis was charged with obstruction which was nolle prossed and trafficking in cocaine which was reduced to possession with intent to distribute. Lewis moved to suppress the evidence found in his vehicle, which motion was denied after an evidentiary hearing. Following an unsuccessful motion to reconsider, Lewis agreed to a stipulated bench trial, in which he was found guilty of the possession charge, giving rise to this appeal.
