United States v. Michalik, No. 20-50244 (5th Cir. 2021)Annotate this Case
The Fifth Circuit affirmed defendant's conviction for possessing child pornography. The court concluded that the district court did not err in denying defendant's motion to suppress evidence of his statements to HSI agents and the evidence from his laptop. The court weighed the totality of the circumstances and concluded that defendant was not in custody at the time he made the statements and thus Miranda warnings were not necessary. The court also weighed the factors for determining whether a consent to a search was voluntary and concluded that the district court did not err in determining that defendant's consent to the search of his laptop was voluntary.
The court further concluded that there was no error in the admission of several pieces of evidence and witness testimony. Even if the district court did err, the error was harmless. Finally, the court concluded that the evidence was sufficient to convict defendant of knowing possession of child pornography.