Marcus Fleming was convicted in a bench trial of trafficking in cocaine1 and of possessing a firearm as a convicted felon.2 Following the denial of his motion for new trial, he appeals, arguing that i the court erred in denying his motion to suppress, which asserted that the key evidence admitted at trial was discovered as a result of his consent given to police to search his hotel room, which consent arose from his illegal warrantless arrest, and ii the court erred in finding he had voluntarily and knowingly waived his right to a jury trial. We hold that based on their direct observations, police had probable cause for the warrantless arrest, and that Fleming’s trial counsel’s testimony at the motion for new trial hearing sufficed to support the trial court’s finding that Fleming knowingly and voluntarily waived his right to a jury trial. Accordingly, we affirm. When reviewing a trial court’s order on a motion to suppress, we apply the “any evidence” standard: “A trial court’s order on a motion to suppress will not be disturbed if there is any evidence to support it, and the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. We construe all evidence presented in favor of the trial court’s findings and judgment.” Williams v. State .3 See Tate v. State .4
So construed, the evidence shows that immediately following his arrest one morning for possessing cocaine, an informant not previously known to police offered to assist them in apprehending his supplier, whom he identified as Marcus Fleming. With police listening in to both sides of the conversations, the informant that very day phoned Fleming, who told the informant that he had a kilogram of cocaine that he would sell to the informant for $22,000 that afternoon. Fleming told the informant to come to a certain hotel, where Fleming was in room 345. Fleming instructed the informant further that he would be waiting on the third-floor balcony outside his room around 2:00 or 3:00 p.m., from where he would throw his hotel key to the informant when the informant arrived.
