Page 28 - TPA Journal May June 2022

Joe C. Tooley, Legal Digest Editor
Joe C. Tooley, Attorneys & Counselors, Rockwall, Texas
www.TooleyLaw.com 972-722-1058

TEXAS POLICE ASSOCIATION

LEGAL DIGEST

May - June 2022

AUTHOR’S NOTE: It is the goal of this submission to extract those portions of relevant appellate
opinions or the syllabus of the legal reporter which bear directly upon law enforcement methods
and provide guidance for officers on an operational level. Much of the information pertaining to
these cases is lifted verbatim from the court opinion or syllabus with independent analysis inserted
as appropriate. Due to clarity for training purposes, the distinction between quotes from the
opinions and inserted analysis is not always identified and legal citations within the opinion are
often omitted. Emphasis is placed upon reported decisions from the Fifth Circuit Court of Appeals
and the Texas Court of Criminal Appeals.

MIRANDA – CUSTODY FACTORS; They approached Michalik as he was getting into
EVIDENCE – POSSESSION OF CHILD his car, informed him that he was not under arrest,
PORNOGRAPHY and asked for his assistance entering the house
pursuant to their warrant. The agents say that they
A jury convicted Jeffrey Michalik of possessing swept the house and informed Michalik and his
child pornography. Michalik contends that the family that they were free to leave.
district court erred in denying his motion to
suppress evidence and by admitting various pieces The agents then interviewed Michalik in one of
of evidence and testimony at trial, and he also their cars on the street near his house. During the
asserts that the evidence was insufficient to sustain interview, the agents asked Michalik whether he
his conviction. Finding no reversible error, we had viewed child pornography, and they assert that
affirm. he admitted to having done so on his work laptop
Agents from the Department of Homeland and that he said he used the same laptop to view
Security, Homeland Security Investigations pornography at home. The agents showed him
(“HSI”), executed a warrant at Michalik’s house. images of child pornography, and he conceded that
They did so because someone using an IP address he recognized some of them. The agents testified
associated with the house had accessed and that Michalik then drove to his office in his own
downloaded child pornography from a website car with agents in tow, stopping along the way at a
called “Amateur Lovers.” McDonalds so an agent could use the restroom. At
the office, Michalik led the agents to his laptop and
The HSI agents testified that they arrived early in signed a form consenting to its search. On the
the morning as Michalik was leaving for work. laptop, agents found child pornography.

24 www.texaspoliceassociation.com • (512) 458-3140 Texas Police Journal