State v. Schwartz

The State charged Bradley and Elizabeth Schwartz with possession of marijuana with intent to distribute and possession of more than one ounce of marijuana. Before trial, the Schwartzes moved to suppress all evidence seized from their home, including the marijuana. The trial court granted the motion, and the State appeals. For reasons that follow, we affirm. In reviewing the trial court’s ruling on a motion to suppress, we follow three general principles: First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support them. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment.1 So viewed, the evidence shows that on May 22, 2001, Deputies Brown and Tanner of the Paulding County Sheriff’s Department prepared to execute an arrest warrant for Charles Walker, who had been charged with aggravated stalking. At approximately 9:20 p.m., the deputies arrived at the residence listed for Walker on the warrant. Tanner walked to the front door of the house, while Brown went to a window seven or eight feet away. The window was covered with blinds, but the slats were open. Brown looked through the blinds and saw a male and a female sitting on a couch. According to Brown, the male appeared to have a marijuana cigarette in his hand. In addition, Brown noticed a large plastic bag containing a green leafy substance that also appeared to be marijuana on a table in front of the female.

After Brown informed Tanner of his observations, Tanner knocked on the door, but did not identify himself. At that point, Brown saw the male walk toward the door, while the female placed the plastic bag in an infant’s diaper bag under the table. Brown joined Tanner at the front door, and the two waited for the door to open.