Joshua Daniel Holmes was charged with possession of methamphetamine with intent to distribute. He filed a motion to suppress the evidence of contraband, which was denied. Holmes stipulated to the evidence and charges against him, and was convicted by the trial court after waiving his right to a jury trial. He appeals, challenging the denial of his motion to suppress. Stoney Joe Mathis, a narcotics officer with the Henry County Police Department, testified at the motion to suppress hearing as follows: On June 18, 2002 he and two other officers went to the residence of Brian Pack after a complaint was received that a lot of people were coming in and out of his house and that Pack was possibly involved in the sale of methamphetamines. A computer search revealed Pack was on probation and that a search clause, giving officers the right to search his residence, had been imposed as a condition of his probation. Mathis testified that when he arrived at the residence, he observed a man, subsequently identified as Holmes, lock the front door of the house and start walking towards a vehicle in the driveway, which was approximately 25 yards away. Mathis identified himself to Holmes, and questioned him about whether he lived at the residence and whether he was involved in the sale of methamphetamines. Holmes denied that he was selling drugs, and told the officer he lived there but did not own the residence. Mathis asked Holmes for identification, and Holmes told Mathis it was inside the house. As Holmes and Mathis were walking toward the house, Mathis noticed that Holmes had his wallet in his back pocket, and he asked Holmes if his identification was in the wallet. Holmes indicated his wallet did contain his identification, but by that point Holmes and Mathis had arrived at the front door, and Holmes unlocked the door and invited Mathis in while he went to deactivate the alarm. Holmes, Mathis, and the other two officers then went inside the residence.
Holmes turned off the alarm, and he and the officers went into the living room. Holmes told the officers that he did not want the residence searched until the owner returned. Mathis testified that Holmes was moving around a lot, walking around the coffee table, and getting up and down off the sofa. Mathis testified that Holmes’ behavior plus his experience that weapons are often found where there are narcotics made him nervous, so he decided to pat Holmes down for weapons.
