State v. Hamby

Mikell, Presiding Judge.

The state appeals the trial court’s grant of the motions to suppress marijuana and cocaine filed by co-defendants Kathy L. Hamby and Newman Clark Smith.1 For the following reasons, we affirm.

*481At a hearing on a motion to suppress, the trial judge sits as the trier of fact.2

In cases involving the review of the grant or denial of motions to suppress or motions in limine, we must construe the evidence most favorably to uphold the findings and judgment of the trial court, and that court’s findings as to disputed facts and credibility must be adopted unless clearly erroneous.3