The State appeals from the trial court’s order granting defendant Benjamin Phillip Massa’s motion to suppress contraband seized from his vehicle. When reviewing a trial court’s decision on a motion to suppress, we construe evidence most favorably to uphold the findings and judgment of the trial court, and the trial court’s findings on disputed facts and credibility are adopted unless they are clearly erroneous. Since the trial court sits as the trier of fact, its findings are analogous to a jury verdict and will not be disturbed if there is any evidence to support them. This Court’s responsibility is to ensure that a substantial basis exists for the trial court’s decision. State v. Pritchett , 256 Ga. App. 698, 699 569 SE2d 616 2002; State v. Dukes , 234 Ga. App. 343, 347 2 507 SE2d 147 1998.
The trial court found the following facts in its order granting the motion to suppress: “1. Sergeant Mike Barnhill of the Douglas County Sheriff’s Department K-9 Unit observed Massa’s vehicle approximately 300 yards from the road on a dirt drive in a rural/farming area that is transitioning to an industrial area. 2. The vehicle was unoccupied, and upon checking with dispatch, Sergeant Barnhill found that the vehicle was not reported stolen nor were there any warrants in connection with said vehicle or the owner thereof. 3. Sergeant Barnhill observed through the passenger side window, which was open approximately three inches, a portion of a “baggy” protruding from the car’s ashtray. 4. The “baggy” was introduced into evidence and contained a very small amount of very small particles of what appeared to be a plant material and what appeared to be cigarette rolling papers. 5. Sergeant Barnhill did not use his dog in connection with this investigation. 6. Sergeant Barnhill then obtained a device from his vehicle and opened the locked car door and seized the “baggy” containing suspected contraband. 7. Massa, who had been fishing on the property, was later charged with fishing without a license, and his vehicle was towed to the impound lot. 8. Other than the fact that the vehicle was sitting on a remote dirt drive/roadway area, there is no evidence that the vehicle was “abandoned.” 9. No effort was made to contact the owner prior to the officer unlocking the vehicle with a slim jim type device and seizing the suspected contraband.”
