Following a bench trial, Stephanie Spaeth was found guilty of trafficking in methamphetamine and possession of controlled substances. Spaeth appeals the trial court’s denial of her motion to suppress evidence found in her home after the execution of a search warrant. For reasons that follow, we affirm. In reviewing a ruling on a motion to suppress, “we construe the evidence most favorably to uphold the findings and judgment of the trial court, and the court’s findings on disputed facts and witness credibility will be adopted unless they are clearly erroneous.”1 We conduct a de novo review of the trial court’s application of the law to the facts if the evidence is not in dispute and no question of witness credibility is presented.2 The record shows that in August 2005, Officer Godfrey of the Gwinnett County Police Department received information about illegal drug sales from a confidential informant. The informant told Officer Godfrey that if he gave money to Jonathan Glover, Glover would obtain methamphetamine from someone named Stephanie who lived near Highway 29. Officer Godfrey searched the informant and his vehicle for drugs, money, and weapons. He then gave the informant marked money and followed him to a house in Loganville. Soon after the informant entered the house, two other men left the house in a vehicle. The driver was identified as Jonathan Glover. The men went to a CVS store, where the passenger exited the vehicle, and then Glover continued on to a house on Lester Road, which was 2/10ths of a mile from Highway 29. A vehicle registered to Stephanie Spaeth was parked in the driveway. When Glover left the Lester Road house, he returned to CVS and picked up his passenger. He was then stopped by Gwinnett County Police, who found methamphetamine in an amount consistent with the money given to the informant in the vehicle.
In his application and affidavit for the issuance of a search warrant for the Lester Road house, Officer Godfrey set out these facts, but incorrectly stated that the vehicle driven by Glover had made no stops. The magistrate, relying solely on the affidavit, issued a search warrant for the Lester Road house. Spaeth was subsequently arrested and charged with trafficking in methamphetamine and possession of controlled substances. At the hearing on Spaeth’s motion to suppress the evidence found during the search of her house, Officer Godfrey testified that in his affidavit he mistakenly omitted that Glover had dropped off a passenger at CVS before going to Spaeth’s house and had picked up the passenger before they were stopped by police. He also testified that the informant had a pending criminal case at the time he supplied information to police in this case, although this information was not contained in his affidavit. The trial court denied Spaeth’s motion to suppress, and she was found guilty of both counts.
