MELTON, Justice.
This case regards the trial court's grant of Ashaunte Miller's motion to suppress evidence of cocaine and a firearm found in his possession after he was stopped by Officer James Williams. In State v. Miller, 300 Ga.App. 55, 684 S.E.2d 80 (2009), the Court of Appeals reversed the trial court's grant of the motion to suppress after determining that a de novo standard of review applied to the State's appeal. We granted certiorari to consider the propriety of this holding. For the reasons set forth below, we find that the Court of Appeals erred by applying a de novo standard of review, and, as a result, we reverse.
1. In Tate v. State, 264 Ga. 53, 440 S.E.2d 646 (1994), we discussed three fundamental principles which must be followed when conducting an appellate review of a motion to suppress.
(Citations, punctuation and footnote omitted.) Id. at 54(1), 440 S.E.2d 646.
To properly follow the first principle, we must focus on the facts found by the trial court in its order, as the trial court sits as the trier of fact. Those facts are as follows:
Second, the trial court's decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Based on the trial court's order, it is evident that the trial court questioned the credibility of the bases provided for the stop by Officer Williams. In fact, just before holding that Officer Williams stopped Miller based on a "mere hunch" and only "general suspicion," the trial court explicitly stated: "In addition, the Court notes that although Officer Williams testified recently at the suppression hearing that these facts were the basis for the stop, he did not mention the window tinting or the missing license plate in the incident report he filed or during his testimony at defendant's preliminary hearing." Later in its order, the trial court again explicitly addresses the unreliability of Officer Williams' testimony. The trial court's order states:
This is overtly a credibility determination. Officer Williams' version of events given at the motions hearing was explicitly found to be "questionable" due to its inconsistency with his prior testimony. This credibility finding drew into question the only basis upon which Officer Williams maintained that his stop of Miller was objectively reasonable. See Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996) (Terry stop analysis is based on objective criteria, not on subjective motive of police).
Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court's findings and judgment. In this case, based on the findings of fact and the determinations of credibility described above, the trial court found that
(Emphasis in original.) As a result of this finding, the trial court granted Miller's motion to suppress. This Court, therefore, has an obligation to construe the evidence most favorably to support this finding and judgment. The record supports the trial court's findings that, at the time that Officer Williams stopped him, Miller was merely standing next to a car in a vacant lot with a group of other men, while one of the men applied tint to the car's windows. Officer Williams never saw Miller do anything "illegal" before he stopped him, and, given Officer Williams' inconsistencies in articulating his reasons for apprehending Miller, it cannot be said that the trial court erred in finding that the stop was based only on a mere hunch. As a result, the trial court's decision to grant the motion to suppress was not clearly erroneous and must be affirmed. Id.
2. The dissent espouses the reversal of the trial court's grant of Miller's motion to suppress by inappropriately reviving the same analysis rejected by this Court in Tate, supra, for its failure to follow each of the fundamental principles set forth above.
The dissent's analysis also violates the second principle of appellate review, as there is no question that credibility determinations played a significant part in the trial court's ruling. The trial court explicitly questioned the bases presented as the purpose for the stop of Miller. This credibility question lies at the very core of the trial court's ruling, and it should not be negated by this Court. Moreover, the dissent's analysis requires it to make credibility determinations not made by the trial court. The dissent, itself, finds the testimony from other officers at the scene of Miller's stop to be credible, and it then imposes this credibility determination onto the ruling of the trial court. Such actions are clearly improper.
Additionally, the dissent maintains that explicit credibility determinations contained in
Motions to suppress, by their nature, often turn on difficult questions of credibility and specific findings of fact. The principles of appellate review applicable to these motions were set forth to ensure that, in difficult cases such as this one, the trial court's resolution of these issues would be given deference, as only the trial court actually sees the witnesses and hears their testimony. Staying true to these principles, a clearly erroneous standard of review must be applied in this case, and the trial court's decision to grant Miller's motion to suppress must be affirmed.
Judgment reversed.
All the Justices concur, except CARLEY, P.J., HINES and NAHMIAS, JJ., who dissent.
CARLEY, Presiding Justice, dissenting.
The majority inexplicably disregards the trial court's findings with regard to the entire team of police officers involved in the investigatory stop of Miller, and instead considers only the findings with respect to Officer Williams by relying primarily on the trial court's supposed determination of his credibility.
The trial court itself recognized that it could not focus solely on Williams' knowledge and testimony. The order of the trial court shows that it, unlike the majority, understood that there exist two possible grounds on which the stop of Miller could be justified. That investigatory stop was constitutional if either Williams or the other officers had the requisite articulable suspicion. As the statement of facts quoted by the majority makes clear, the trial court found that the entire team of officers saw the group of men standing near a car in the vacant lot, the absence of a license plate on the car, and the tinting of the windows, and that those officers, not just Williams, stopped at the scene, exited their van, and approached the group of men. The trial court also specifically found that the observations of "[t]he officers" "do not rise to the level of a reasonable, articulable suspicion" justifying an investigatory stop. Contrary to the majority, the trial court did not hold that "Officer Williams stopped Miller based on a `mere hunch' and only `general suspicion[.]'" Actually, the trial court did not mention Williams at that point and instead drew the general conclusion that "[t]he stop was based on a mere hunch" and "general suspicion" and immediately explained by making further specific findings regarding the observations and knowledge of the entire team of officers.
The trial court's comment in a footnote regarding Williams' omission of any mention of the window tinting and missing tag in his incident report and previous testimony is not dispositive. That notation does not constitute an actual determination of Williams' credibility in that regard. More importantly,
Since Williams' actions clearly were predicated on the preceding actions of and instructions from the entire group of officers, the appellate court, like the trial court, "must look to the knowledge of [those officers] at the time [they] issued those instructions to determine whether the police had authority to seize [Miller]." Brooks v. State, 206 Ga.App. 485, 487(2), 425 S.E.2d 911 (1992).
United States v. Cook, 277 F.3d 82, 86(II) (1st Cir.2002) (also noting that taking "into account only the knowledge of officers present at the scene and directly involved in effectuating a stop, is unlikely to encourage illegal police activity"). By examining the knowledge of the other officers, the trial court was plainly evaluating their authority to detain the men in the vacant lot prior to Williams' attempt to enforce the investigative stop. Even if the trial court did resolve any inconsistency in Williams' testimony, it clearly credited other testimony regarding the reasons for the investigative stop, and no such inconsistency affected its ruling. Silva v. State, 278 Ga. 506, 507, 604 S.E.2d 171 (2004). Compare State v. Guyton, 295 Ga.App. 786, 787, 673 S.E.2d 290 (2009); State v. Hester, 268 Ga.App. 501, 504, 602 S.E.2d 271 (2004).
Careful examination of the order on appeal reveals that the trial court evaluated the observations of all of the officers and decided that they amounted to a mere hunch and did not rise to the level of a reasonable, articulable suspicion.
Silva v. State, supra at 508, 604 S.E.2d 171.
The only possible conclusion from application of that correct standard is that the police officers had a lawful basis for their investigative detention. Miller separately analyzes each factor on which the Court of Appeals
United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002).
In this case, the undisputed testimony showed that the appearance of stolen cars is often altered by quickly and temporarily tinting the windows. Consistent with such concealment of a theft is the evidence of a missing tag and the testimony that the group of men was standing around the car in a vacant lot during the process of tinting. Indeed, the uncontroverted evidence shows that the group here was standing "around," and not merely "near," the automobile. Thus, the Court of Appeals properly relied on the officers' undisputed testimony that, based on their experience, tinting the outside of windows "was often performed on stolen cars, this car was being worked on in a vacant lot, it had no tag on it, and the men were gathered around the car in a way that could be construed as trying to conceal a stolen automobile." State v. Miller, supra at 58, 684 S.E.2d 80. The undisputed testimony was that all of these circumstances caused the officers to suspect illegal activity, based upon their experience and training. That suspicion was not required to be focused exclusively on a single individual, and instead may be established by evidence of possible wrongdoing by at least one of a discrete group of individuals at a particular time and place. Drake v. County of Essex, 275 N.J.Super. 585, 646 A.2d 1126, 1128-1130 (1994).
United States v. Arvizu, supra at 277, 122 S.Ct. 744. Taken together, however, under the "totality of the circumstances" test, the factors found by the trial court and relied upon by the Court of Appeals sufficed to form a particularized and objective basis for the officers to detain the group of men for a brief investigation and, therefore, that detention was reasonable within the meaning of the Fourth Amendment. See United States v. Arvizu, supra at 277-278, 122 S.Ct. 744; Bishop v. State, 299 Ga.App. 241, 243, 682 S.E.2d 201 (2009). Compare Young v. State, 285 Ga.App. 214, 215-216, 645 S.E.2d 690 (2007); Black v. State, 281 Ga.App. 40, 635 S.E.2d 568 (2006).
Accordingly, the Court of Appeals was correct in concluding that the officers made a valid stop under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968) and that Miller was not free to leave, and in reversing the trial court's grant of the motion to suppress. I therefore respectfully dissent to the reversal of the Court of Appeals' judgment.
I am authorized to state that Justice HINES and Justice NAHMIAS join in this dissent.