In what he characterized as a “knock and talk” appearance, a law enforcement officer obtained Charles Anthony Brown’s consent to search his home after entering the home without a warrant. Brown was subsequently convicted of trafficking cocaine and possession of marijuana with intent to distribute based on evidence obtained during the search. Brown contends that under the circumstances, the consent was not voluntary, and therefore the trial court should have granted his motion to suppress. On appeal from a motion to suppress, the evidence is viewed in a light most favorable to upholding the trial court’s judgment. The credibility of witnesses and the weight accorded their testimony rest with the trier of fact. Thus, the trial court’s findings on disputed facts and credibility must be accepted unless clearly erroneous. Footnotes and punctuation omitted. Sanders v. State , 247 Ga. App. 170 543 SE2d 452 2000. Viewing the facts so as to uphold the trial court’s judgment shows that at about 8:30 a.m. on August 31, 2001, an informant told Special Agent Dan Wilcox of the Georgia Bureau of Investigation that Brown had drugs at his home. Later that morning, Wilcox conducted what he referred to as a “knock-and-talk investigation,” with a goal of obtaining consent to search. He described it as follows: When I receive information, I go and follow up through my own independent investigation. And I’ll go to that residence, knock on the door, get the person to the door, and tell them what information I have to see if they will, one, consent to search, and he did, in this case. In this case, Wilcox and two other agents, each armed, drove to Brown’s mobile home in an unmarked GBI van, and upon arrival, Wilcox asked John Battle, Jr., who was sitting outside, where Brown was. Battle responded that Brown was inside, and Wilcox knocked on the door. Ulysses Pullen answered the door, and Wilcox asked him the same question. Pullen said that Brown was in the bathroom. Wilcox testified, “I called out to him. He didn’t hear me, so I went to the bathroom and knocked on the door. Mr. Brown acknowledged. I told him who I was and that I needed to see him outside.” On cross-examination, Wilcox testified, “I ask if Brown is in the house. . . and Pullen said yes, he’s in the bathroom. . . I call out for Brown, no answer, so I step inside and Pullen points and shows me which way is the bathroom.” At that time, Wilcox did not have, nor had he sought to obtain, a warrant to enter and search the house or to arrest anyone.
Wilcox then stepped back outside and then heard Brown call out that he was in the kitchen. Wilcox testified, “So I walked back and greeted him at the kitchen area.” He then told Brown about the drug information that he had and explained that he wanted to talk with him about it. Brown responded that he had been “messing with marijuana” but not harder drugs. Brown also mentioned that he had marijuana hidden in the woods.
