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State v. McTaggart

Defendant who told police investigating a dog attack at his home, "do what you have to do and lock the gate when you're done" as he ran to his vehicle to meet the attack victim at the hospital did not give officers permission to search his home.

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After the trial court granted Jerry McTaggart’s motion to suppress, the State filed this appeal. The trial court determined that McTaggart did not authorize police to conduct a search of the interior of his home. Since the court’s ruling was not clearly erroneous, we affirm.

“A trial court’s decision of questions of fact and credibility at a suppression hearing must be accepted unless clearly erroneous. Cit.” Garcia v. State, 195 Ga. App. 635, 637 1 394 SE2d 542 1990. Since the trial court sits as the trier of fact, its findings are analogous to a jury verdict. Morgan v. State, 195 Ga. App. 732, 735 1 394 SE2d 639 1990. Keeping these principles in mind, we must construe the evidence most favorably toward upholding the trial court’s findings and judgment. Tate v. State, 264 Ga. 53, 54 1 440 SE2d 646 1994.

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