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that he knew there was child pornography on his and viewing the facts in the light most favorable to
computer. A reasonable jury could easily conclude the Government, assuming arguendo that these
that Michalik had knowing possession because the individuals were seized, there was reasonable
origins of the investigation undercut his suspicion to do so. We AFFIRM.
explanation: Agents initially searched his house
because someone had accessed a child pornography On Saturday, February 18, 2017, around 8:30 p.m.,
website from an IP address associated with Officer Eric Stanton of the Jackson Police
Michalik’s house, not his office. Department was patrolling an area of Jackson,
Mississippi. Officer Stanton was a member of the
Michalik points out that there were other people Direct Action Response Team (DART), a proactive
living there who could have used his laptop. A unit tasked to “look[] for suspicious behavior,
reasonable jury could still conclude that it was suspicious activities, traffic stops, [and] things of
Michalik who accessed the contraband because the that nature . . . .” On that night, Officer Stanton’s
HSI agents testified that he confessed to viewing supervisor had directed the DART to an area of
and searching for child pornography and also Jackson, around Capitol Street and Road of
admitted that he recognized some of the child Remembrance, where “recent violent crime and
pornography images that the agents showed him burglaries” had occurred.
from the website in question. The jury was entitled
to credit the agents’ testimony over Michalik’s As Officer Stanton was turning from Capitol Street
denials. Indeed, the “jury retains the sole authority onto Road of Remembrance, he saw a silver
to . . . evaluate the credibility of the witnesses.” Cadillac parked in the south end of a small parking
Given that evidence, a reasonable jury could easily lot connected to an open convenience store. It was
find that Michalik knowingly possessed the child dark outside, but Officer Stanton observed that the
pornography on his laptop. AFFIRMED. vehicle was occupied by two men, one in the
driver’s seat and one in the passenger’s seat.
U.S. v. Michalik, No. 20-50244, 5 th Cir. July 15, Officer Stanton observed the vehicle “for
approximately 10 to 15 seconds” and noticed the
2021.
occupants “didn’t appear to be exiting the vehicle,
[and] didn’t appear to be patronizing the
***************************************
establishment.” Therefore, he decided to conduct
what he characterized as a “field interview.”
SEARCH & SEIZURE – Terry Stop – reasonable
Officer Stanton testified that at this point, he and
suspicion.
five to six other officers, all in separate patrol cars,
converged upon the silver vehicle with their blue
lights activated. The parking lot in front of the store
Otha Ray Flowers, convicted of a federal gun
was narrow, with very little space or room to
violation, appeals the denial of his motion to
maneuver. Officer Stanton later acknowledged that
suppress evidence as a violation of his Fourth
it would have been impossible for the silver vehicle
Amendment rights. The questions on appeal are
to leave the parking lot because of the way the
whether Flowers and Jeremy Mayo were “seized”
officers parked their cars around it.
when five or six patrol cars parked behind and
Officer Stanton got out of his patrol car and
around Mayo’s Cadillac with their patrol lights
approached the silver vehicle, as did other officers.
flashing, and if they were seized, whether Officer
He testified that the men in the vehicle were still
Stanton had reasonable suspicion to conduct a
free to leave at this point in the encounter, but he
“Terry stop.” Under the circumstances of this case

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