The State charged Luis Pando and Olanrewaju Ojemuyiwa with possession with intent to distribute marijuana, OCGA § 16-13-30, and possession of Diazepam, OCGA § § 16-13-28 and 16-13-30. The defendants filed a motion to suppress the evidence, which the trial court granted. The State of Georgia appeals, contending the trial court erred in finding that the search of Pando’s home by police officers violated their Fourth Amendment rights and, even if it did, the court should have admitted the evidence under the inevitable discovery doctrine. Finding no error, we affirm. “A trial judge’s findings of fact on a motion to suppress should not be disturbed if there is any evidence to support them; determinations of fact and credibility must be accepted unless clearly erroneous; and the evidence must be construed most favorably to the upholding of the trial court’s findings and judgment.” Citations omitted. Kirsche v. State , 271 Ga. App. 729 611 SE2d 64 2005. Viewed in this light, the evidence presented during the motion hearing established the following relevant facts. On May 13, 2005, two Cobb County police officers went to Pando’s home in Marietta after receiving a tip that Pando was the source of hydroponically-grown marijuana. The officers intended to do a “knock and talk” and, hopefully, a consensual search of Pando’s home. The officers knocked on Pando’s door, and Pando answered it. One of the officers, Agent Don Massey, testified that he was “overwhelmed” with the smell of “fresh marijuana” when Pando opened the door. Pando stepped out onto the porch and partially closed the door behind him. Agent Massey advised Pando about what he had smelled and told Pando, “we need to go inside and talk about . . . this situation.” Pando told the officers that he did not want them to go in the house and that he wanted to talk outside. Pando’s girlfriend, Ojemuyiwa, then opened the door, and Agent Massey smelled the marijuana again. As Ojemuyiwa stood in the doorway, Agent Massey again stated that he could smell marijuana, and Ojemuyiwa said, “Oh, I’m sorry.”1 Agent Massey then said, “We need to go inside,” and he escorted the defendants into Pando’s living room. Agent Massey testified that, at that time, he knew he needed a search warrant to search the house.
Once the officers were in the living room, they saw a small amount of marijuana on a coffee table. The second officer asked the defendants if there was anyone else in the house. Agent Massey testified that there was “a little bit of hesitation” before the defendants responded that no one else was in the house. The officers then decided to do a “security search” of the house to look for other people and weapons, so the second officer drew his weapon and walked through all of the rooms of the house. During this search, the officer entered a room in which marijuana was growing. The officer reported his findings to Agent Massey, who placed the defendants under arrest. Agent Massey then radioed for assistance so he could leave and obtain a search warrant.
