State v. Hall

A Ware County grand jury returned an indictment against Loren Hall for the offenses of possession of cocaine with intent to distribute, OCGA § 16-13-30 b, and possession of marijuana with intent to distribute, OCGA § 16-13-30 b. Following a hearing, the trial court granted Hall’s motion to suppress evidence seized during police officers’ search of Hall’s residence. The State appeals and contends that, although the affidavit which supported the issuance of the search warrant may have contained information which was false or unlawfully obtained, the remaining, untainted information justified the issuance of the search warrant. We agree and reverse. “When we review a trial court’s decision on a motion to suppress, the evidence is construed most favorably to uphold the findings and judgment of the trial court; 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.” Citation and punctuation omitted. State v. Mauerberger , 270 Ga. App. 794, 795 608 SE2d 234 2004. “Where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review.” Citation omitted. Vansant v. State , 264 Ga. 319, 320 1 443 SE2d 474 1994.

Viewed most favorably to uphold the trial court’s judgment, which contained no factual findings, the evidence adduced at the hearing on Hall’s motion to suppress shows the following. On April 14, 2004, Hall telephoned his landlord, Greg Bennett, to report that the oven in Hall’s apartment did not work. The next morning at 8:15 a.m., Bennett sent two maintenance workers to Hall’s apartment. Shortly thereafter, Bennett received a telephone call from one of the workers. Bennett went to the apartment and saw a plate in the oven compartment holding baggies filled with what Bennett believed to be crack cocaine. Bennett and the two workers went outside, leaving at least one door to Hall’s apartment open, and Bennett called the police.