Following a bench trial in the Superior Court of Wilkes County, Howard Evans was found guilty of trafficking in cocaine and a seat belt violation. He appeals and challenges the denial of his motion to suppress as well as the sufficiency of the evidence against him. Because Evans’ enumerated claims are without merit, we affirm. 1. On motion to suppress evidence, the trial judge sits as the trier of the facts and hears the evidence; 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 it.1 A reviewing court “must also construe the evidence most favorable to the upholding of the trial court’s findings and judgment and must not disturb the findings of the trial judge unless no evidence exists to support them.”2
With these principles in mind, we have reviewed the trial court’s extensive findings of fact as set out in its order on Evan’s motion to suppress. These factual findings are supported by both testimonial evidence from State Trooper B. Erickson, who was the only witness to testify, and a videotape made during the stop; thus, recitation here is authorized: Georgia State Patrolman Brant D. Erickson, was patrolling in Wilkes County, Georgia, near the end of his shift on May 1, 2001. He came upon the defendant operating a vehicle on Hospital Drive in the City of Washington, Wilkes County, Georgia. The trooper observed that the defendant was not wearing a seatbelt. The defendant was leaning over as if he were reaching for something, which later turned out to be fried chicken, and, obviously to the trooper, did not notice him. The trooper observed that when the defendant did notice him, he appeared startled and immediately made a left turn. The trooper knew that the street onto which the defendant was turning came back onto the street he was on, so he went around the block to make a determination as to whether or not the defendant, after his turn, was going to resume traveling in the same direction from which he turned. If he did not, the trooper candidly testified that he did not intend to make the stop; however, if he did proceed in the same direction he was previously going, then he was going to assume that the defendant was making an intentional effort to evade him. If so, the trooper testified that he would suspect one of three things: that defendant was driving with a suspended license, was driving under the influence of some intoxicant, or had drugs in the vehicle. Upon relocating the defendant, the trooper learned that defendant was in fact traveling in the same direction he was previously traveling, and effectuated a traffic stop. As the trooper approached the vehicle the defendant said that he had a driver’s license but did not have it on him. The trooper then got the defendant’s license number and date of birth and while doing so notice that the ashtray in the car was open and contained a burnt cigar. He further noticed a box of cigars partially full. The trooper testified that in his experience this particular brand of cigar was a popular one to make into ‘blunts.’ Those engaging in the use of marijuana would take such cigars, remove the tobacco, and replace it with marijuana. Further the officer testified that the defendant was extremely nervous, so much so that he could see his heart beat through his shirt. The trooper learned that the car did not belong to the defendant and also noticed that the defendant was repeating his questions back to him, which in the officer’s experience was an indication that defendant was giving misleading information. He inquired about drugs in the car and indicated to the defendant he was going to call for a drug dog. The trooper then returned to his car and called in the driver’s license information given him by the defendant. He did inquire about the possibility of bringing a drug dog to the scene, but one was not available and this was not done. When the trooper received the information on his request that the defendant did have a valid driver’s license, he had the defendant get out of his car, and began to take the information from him as to his address, identification, etc. and began writing him a citation for not wearing his seatbelt. While writing the citation the trooper asked the defendant if he could search his vehicle. The defendant responded that he could, but if he found anything it was not his. After finishing writing the citation the trooper discussed it with the defendant, had him sign it, however, did not give the citation to him. He then informed the defendant exactly what portions of the vehicle he intended to search and informed him that if he found something he would probably simply confiscate it and not charge the defendant. The trooper testified that he said that because he believed what he would find was less than an ounce of marijuana. However, the trooper, while searching the area he told the defendant he would search, found a trafficking amount of crack cocaine. The entire stop up to the point the trooper found the cocaine lasted approximately ten minutes, and approximately two minutes from the time the officer received the driver’s license information. In addition, our review of the videotape pertinently reveals that Trooper Erickson was writing out the citation for the seat belt violation at the time he asked Evans for permission to search the car; that there was no delay between obtaining the radio information about the validity of Evans’ license and the time in which the citation was filled out; that it was necessary for the trooper to obtain additional information from Evans since Evans did not have his driver’s license with residential information; that the trooper retained possession of Evans’ ticket only after permission to search was obtained; and that, after the cocaine was located pursuant to the consent search, Trooper Erickson confirmed to Evans he had believed him to be in possession of contraband based upon his evasive driving, his physical reactions to the trooper, and the suspected contraband material seen in plain view in Evans’ vehicle.
