Category Archives: Court Opinions

The Power of the Police to Search Your Home and Property: 2 New High Court Opinions On When Police Can Search Without a Warrant in Texas

It seems like there are weekly, if not daily, news stories covering excessive force or unwarranted use of police power by law enforcement officers around the country and it is only through the criminal justice system – particularly criminal defense fights and judicial reasoning and opinion – that people can find justice from overzealous police…

Posted on February 26, 2014 by Michael Lowe, on Arrest and Indictment, Cop Watch, Court Opinions, Search and Seizures |

Philip Seymour Hoffman Heroin Dealers and the United States Supreme Court: Recent Opinion Makes It Harder to Convict Drug Dealers for Heroin Death Under Federal Law

Philip Seymour Hoffman drug dealers rejoice! The United States Supreme Court has released a new decision that defines a new standard for “causation” in a heroin death case. The High Court interprets the “resulted in the death” language of 21 U.S.C. 841 (the “Controlled Substances Act”) to really mean that it’s a “but for” cause…

Posted on February 19, 2014 by Michael Lowe, on Court Opinions, Drug Crimes, Evidence, Federal Government Watch |

Junk Science Causing Wrongful Convictions in Texas: Will New 2013 Habeas Corpus Law Help Those Wrongfully Convicted in Texas?

This Friday, the Texas Forensic Science Commission is meeting down in Austin, and one the big topics that will be on the table there will be the big, big problem of “junk science” being used by Texas prosecutors to get convictions against people – wrongful convictions. The TFSC has also issued its 200+ page 2013…

Posted on January 8, 2014 by Michael Lowe, on Court Opinions, Evidence, Orwellian Threats to Rights, Wrongfully Accused |

New Texas Court Case May Allow Police to Search Your Home Without a Search Warrant or Your Okay

On television, the police cannot come into your home without (1) a warrant or (2) your approval and consent — unless they’ve got a really, really good reason (like they can see someone on the living room floor unconscious by looking through the no-curtained window). Perhaps you learned in class while in high school or…

Posted on December 24, 2013 by Michael Lowe, on Cop Watch, Court Opinions, Orwellian Threats to Rights, Search and Seizures |

Texas Stop and Frisk: The New York City Stop and Frisk Law Just Held Unconstitutional – Texas Law Is Not Involved Here

There’s a lot of chatter this month about “stop and frisk laws” and the recent ruling by U.S. District Judge Shira Scheindlin who presides over a federal trial court up in the heart of New York City. In a lengthy (195 pages) decision (read it here), the Manhattan federal judge ruled that it violates the…

Posted on August 28, 2013 by Michael Lowe, on Arrest and Indictment, Cop Watch, Corrupt Cops, Court Opinions, Federal Government Watch, Orwellian Threats to Rights, Search and Seizures |

Police and Your Phone: The Justice Department Pushes Supreme Court To Okay Police Searching Your Phone Without a Search Warrant. Will Your Smartphone Be Private Anymore?

We’ve posted about police in Texas circumventing search warrants to get cell phone tower information by getting special court orders from Texas judges and how many are concerned that this is a constitutional violation of our rights to privacy. (The Fifth Circuit Court of Appeals, which presides over Texas in federal appellate matters, has ruled…

Posted on August 21, 2013 by Michael Lowe, on Arrest and Indictment, Cop Watch, Court Opinions, Federal Government Watch, Orwellian Threats to Rights, Search and Seizures |

Salinas v Texas: Your Silence During Police Interrogation Does Not Get 5th Amendment Protection, Can Be Used Against You as Evidence of Guilt to the Jury

Well, prosecutors and police officers are happy today, because the United States Supreme Court just came down their way in the case of Salinas v. Texas (more about that pending case here). It’s not too far off to imagine that interrogation training is already being revised in Dallas and across the State of Texas…

Posted on June 19, 2013 by Michael Lowe, on Arrest and Indictment, Court Opinions, Crime News, Interrogation, Orwellian Threats to Rights, Wrongfully Accused |

Will U.S. Supreme Court Protect Citizens Once Again Against Overzealous Law Enforcement in Salinas v Texas? Dallas Prosecutors May No Longer Be Able to Argue Silence Means Guilt

A week ago today, the United States Supreme Court heard oral arguments in a Texas case called Salinas v. Texas, grading the papers of the highest criminal court in the Lone Star State, the Texas Court of Criminal Appeals. It’s another major federal case that will impact Texas criminal defense cases and people arrested and…

Posted on April 24, 2013 by Michael Lowe, on Arrest and Indictment, Court Opinions, DA Watch, Search and Seizures |

Warrantless DWI Blood Tests Violate the United States Constitution Rules U.S. Supreme Court in Today’s Opinion, Missouri v. McNeely: Police Need a Warrant Before DWI Blood Test

This morning there’s big news out of Washington D.C. for those defending DWI cases, something that prosecutors and police probably aren’t going to be happy to learn. The United States Supreme Court issued its opinion in Missouri v. McNeely, a DWI case where there was a blood test taken from a man without his consent…

Posted on April 17, 2013 by Michael Lowe, on Court Opinions, DWI, Federal Government Watch, Search and Seizures |

Are Texas Judges the Last Protection of Privacy Rights? Southern District Denials of Federal Prosecutors’ Requests for Sneaky Cell Phone Data Gathering With Stingrays, Cell Tower Dumps

Down in Corpus Christi, there’s a federal judge who has been aware of technology’s threat to privacy rights for a long while now: he’s the Honorable Brian L. Owsley, U.S. Magistrate for the United States District Court for the Southern District of Texas. Back in 2007, for example, Judge Owsley made the national news when…

Posted on November 28, 2012 by Michael Lowe, on Court Opinions, DA Watch, Judge Watch, Orwellian Threats to Rights |

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R R 2 months ago

My special needs families, listen up! If you find yourself in the shocking and surreal world where your adult child's behaviors related to IDD and mental health trauma are treated as criminal, Michael Lowe is who you call. When I was calling around initially, I found so few lawyers who understood or even cared to try to understand my son's disability and I felt so uneasy talking to them. I can not put into words the level of panic and fear racing through me during this time of utter shock and bewilderment as to the fact it was even happening! But then I spoke to Michael, and I immediately felt peace and knew by his kindness that he understood and I finally felt heard, and I felt hope. Our first meeting with Michael, he put my son with Down syndrome at ease and assured him everything would work out. As a single mom, his empathy and compassion towards my finances were also appreciated as he charged me a flat fee only, and our case took 2.5 years to complete. The goal was always to have the case dismissed and Michael accomplished that goal. My son has now been treated for his mental health, is healing from his trauma and is leading the life he was meant to have. We could not be be more grateful to Michael for his genuine compassion, generosity, gifted strategy and brilliant efforts in insuring this outcome. I never in a million years thought my family would go through something like this, and I had zero awareness until now that our special needs community needed an advocate for our adult kids who suddenly land in the criminal justice system. Since this experience, I have met other families in similar situations with less favorable outcomes and realized even more so how not only valuable, but imperative Michael Lowe and his services are to our community. I hope by writing this review, other families are able to get the help and successful outcome that we did from having Michael Lowe in our corner.

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Cesar Ruiz 2 months ago

This guy went above and beyond my expectations. I was burnt out from 2 previous lawyers before him who only sweet talked me and didn’t do a single thing for me. Michael did the opposite, he under promised and over delivered!!! He helped me on a case that very few lawyers had hope for! Words can’t explain the level of gratitude I have for this man. He truly is one of the best in his field. I have so much respect and love for this man now! Thank you Michael!

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Rogue Print 5 months ago

I had a complex legal question crossing two State's and Federal jurisdictions.

I contacted 11 Lawyers in two states for help. Some of the Lawyers specifically said they dealt with these situations on their website. 10 of those Lawyers would not even consider the case.

Michael Lowe took up the issue and PROMPTLY provided real legal advise for my circumstance. He researched and personally advised me with the applicable law and appropriate course of action. Even though he could not be retained and get paid, because he does not practice where I have to file, This Man helped out of the goodness of his heart, He did not have to. He got nothing out of it. But he did it anyway. There are so few people out there that are willing to help someone else.
I am so very grateful for him!

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Liosvel Vazquez 6 months ago

Mr Lowe is the best on what he is doing.. he resolved my case really fast. Super thankful.

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Sales M7 7 months ago

Michael represented me on a federal case. I came to Michael at the lowest point in life after removing my previous counsel. Michael & I met for an hour and it kind of felt as a good fit from the beginning hence I retained his services. He was empathetic and listened.

During representation we spent countless hours talking about my case to fine tune our strategy and were able to find a solution. He spent all this extra time without asking for any extra fees. I will always be thankful and grateful for what he has done for me. He really went above and beyond to help me.

Thank you, Michael!

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Category Archives: Court Opinions

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