searching inquiry in Pennsylvania

2025See also Philadelphia Newspapers, Inc. v. Disciplinary Bd. of Supreme Ct., 363 A.2d 779 , 780–81 (Pa. 1976) (“A reinstatement proceeding is a searching inquiry into a lawyer's present professional and moral fitness to resume the practice of law.

1994To answer, we must conduct “a searching inquiry into [the] lawyer’s present professional and moral fitness to resume the practice of law.” Philadelphia Newspapers Inc. v. Disciplinary Board of Supreme Court, 468 Pa. 382, 385 , 363 A.2d 779, 780 (1976).

2019Id. [Based upon the analysis in Summit Town Centre, which implies that an appellate court must conduct a searching inquiry of the record, a plenary scope of review is applied.

2017Accordingly,,,, the scope of review in preliminary injunction matters is plenary.” Warehime v, Warehime, 580 Pa. 201 , 209 n.7, 860 A,2d 41 , 46 n.7 (2004), With regard to the standard of review, appellate review of a trial court’s order granting or denying preliminary injunctive relief is “highly deferential.” Summit Towne Centre, Inc. v. Shoe Show of Rocky Mount, Inc., 573 Pa. 637, 646 , 828 A.2d 995, 1000 (2003).

2022Smith v. Smith, 43 A.2d 371, 585 (Pa. Super. 1945); see also Habjan v. Habjan, 73 A.3d 630, 644 (Pa. Super. 2013) (“[T]his Court defers to the - 14 - J-S36031-21 credibility determinations of the trial court with regard to the witnesses who appeared before it, as that court has had the opportunity to observe their demeanor.”) (citation omitted).

1954See Smith v. Smith, 157 Pa. Superior Ct. 582 , 43 A. 2d 371 .

2020In the RTKL context, this Court defines an “investigation” as a “systematic or searching inquiry, a detailed examination, or an official probe.” Dep’t of Health v. Office of Open Records, 4 A.3d 803, 811 (Pa. Cmwlth. 2010). “[T]he agency … must show that a searching inquiry or detailed examination was undertaken as part of an agency’s official duties.

2017In construing the noncriminal investigation exemption in the context of section 708 of the RTKL, this Court .has determined that the agency needs to show that it conducted an “investigation,” which is defined as a “systematic or searching inquiry, a .detailed examination, or an official probe.” Department of Health v. Office of Open Records, 4 A.3d 803, 811 (Pa. Cmwlth. 2010). “[T]he agency asserting the [exemption] must show that a searching inquiry or detailed examination was undertaken as part of an agency’s official duties.

2025See In re Donna H., 602 A.2d at 1384-85 (remanding case for rehearing where the trial court refused to allow the child advocate or counsel for the child to cross-examine witnesses or present evidence and viewed the precipitating incident in isolation rather than looking at the entire history of the case).

2025See id. at 1384-85 (remanding case for rehearing where the trial court refused to allow the child advocate or counsel for the child to cross-examine witnesses or present evidence and viewed the precipitating incident in isolation rather than looking at the entire history of the case).

2023Co. v. Hydraroll, Ltd., 759 A.2d 926, 932 (Pa.Super. 2000). [I]n reviewing preliminary injunction orders, “an appellate court is to conduct a searching inquiry of the record.

2022Co. v. Hydraroll, Ltd., 759 A.2d 926, 932 (Pa.Super. 2000). [I]n reviewing preliminary injunction orders, “an appellate court is to conduct a searching inquiry of the record.

2020Commonwealth v. R.P.S., 737 A.2d 747, 749 (Pa. Super. 1999).

2016“The competency of a witness is presumed, but where the witness is under fourteen years of age, the court must conduct a searching inquiry as to mental capacity.” Commonwealth v. R.P.S., 737 A.2d 747, 749 (Pa. Super. 1999).

2020Stating that an investigation occurred [without more] ... does not suffice.” Dep’t of Educ. v. Bagwell, 131 A.3d 638, 659-60 (Pa. Cmwlth. 2015) (citations omitted).

2017Stating that an investigation, occurred ,.. does not suffice.” Pennsylvania Department of Education v. Bagwell, 131 A.3d 638, 659-60 (Pa. Cmwlth. 2015) (citations omitted).

2012See id. at 136 n. 11, 934 A.2d at 1209 n. 11 ("We reiterate that we believe that state constitutional decisions are more secure when they are supported by the searching inquiry contemplated by Edmunds . "). [7] Pursuant to governing Fourth Amendment law, we hold that the arresting officer's request for identification did not transform his encounter with Appellee into an unconstitutional investigatory detention.

2012See id. at 136 n. 11, 934 A.2d at 1209 n. 11 ("We reiterate that we believe that state constitutional decisions are more secure when they are supported by the searching inquiry contemplated by Edmunds . "). [7] Pursuant to governing Fourth Amendment law, we hold that the arresting officer's request for identification did not transform his encounter with Appellee into an unconstitutional investigatory detention.

2010Speck v. Spadafore, 895 A.2d 606, 609 (Pa. Super. 2006) (quoting Swope v. Swope, 455 Pa. Super. 587 , 689 A.2d 264, 265 (1997); citing Myers v. DiDomenico, 441 Pa. Super. 341 , 657 A.2d 956, 957 (1995). (2) In a custody dispute, a trial court must determine what arrangement is in the best interest of the child, conducting a searching inquiry into all facts and circumstances having an impact on the child’s physical, intellectual, moral, and spiritual well-being.

2010Speck v. Spadafore, 895 A.2d 606, 609 (Pa. Super. 2006) (quoting Swope v. Swope, 455 Pa. Super. 587 , 689 A.2d 264, 265 (1997); citing Myers v. DiDomenico, 441 Pa. Super. 341 , 657 A.2d 956, 957 (1995). (2) In a custody dispute, a trial court must determine what arrangement is in the best interest of the child, conducting a searching inquiry into all facts and circumstances having an impact on the child’s physical, intellectual, moral, and spiritual well-being.

2010Speck v. Spadafore, 895 A.2d 606, 609 (Pa. Super. 2006) (quoting Swope v. Swope, 455 Pa. Super. 587 , 689 A.2d 264, 265 (1997); citing Myers v. DiDomenico, 441 Pa. Super. 341 , 657 A.2d 956, 957 (1995). (2) In a custody dispute, a trial court must determine what arrangement is in the best interest of the child, conducting a searching inquiry into all facts and circumstances having an impact on the child’s physical, intellectual, moral, and spiritual well-being.

2010Speck v. Spadafore, 895 A.2d 606, 609 (Pa. Super. 2006) (quoting Swope v. Swope, 455 Pa. Super. 587 , 689 A.2d 264, 265 (1997); citing Myers v. DiDomenico, 441 Pa. Super. 341 , 657 A.2d 956, 957 (1995). (2) In a custody dispute, a trial court must determine what arrangement is in the best interest of the child, conducting a searching inquiry into all facts and circumstances having an impact on the child’s physical, intellectual, moral, and spiritual well-being.

2010Speck v. Spadafore, 895 A.2d 606, 609 (Pa. Super. 2006) (quoting Swope v. Swope, 455 Pa. Super. 587 , 689 A.2d 264, 265 (1997); citing Myers v. DiDomenico, 441 Pa. Super. 341 , 657 A.2d 956, 957 (1995). (2) In a custody dispute, a trial court must determine what arrangement is in the best interest of the child, conducting a searching inquiry into all facts and circumstances having an impact on the child’s physical, intellectual, moral, and spiritual well-being.

2008Speck v. Spadafore, 895 A.2d 606, 609 (Pa. Super. 2006) (quoting Swope v. Swope, 455 Pa. Super. 587, 591 , 689 A.2d 264, 265 (1997), citing Myers v. DiDomenico, 441 Pa. Super. 341, 345 , 657 A.2d 956, 957 (1995). (2) In a custody dispute, a trial court must determine what arrangement is in the best interest of the child, conducting a searching inquiry into all facts and circumstances having an impact on the child’s physical, intellectual, moral, and spiritual well-being.

2010Jackson v. Beck, 858 A.2d 1250, 1253 (Pa. Super. 2004). (3) “[AJbsent compelling reasons to the contrary, the policy in Pennsylvania is to permit siblings ... to be raised together” Saintz v. Rinker, 902 A.2d 509, 513 (Pa. Super 2006). (4) “The Pennsylvania Domestic Relations Code, 23 Pa.C.S. §101 et seq., is clear that a trial court is required to consider a child’s preference before entering an award of partial custody, as well as any other factor which will legitimately impact the child’s physical, intellectual, and emotional well being.

2010Jackson v. Beck, 858 A.2d 1250, 1253 (Pa. Super. 2004).

2004In In re E.M., 533 Pa. 115, 122 , 620 A.2d 481, 485 (1993), the Court stated, It is clearly conceivable that a beneficial bonding could exist between a parent and child, such that, if the bond were broken, the child could suffer extreme emotional consequences ....

2004In In re E.M., 533 Pa. 115, 122 , 620 A.2d 481, 485 (1993), the Court stated, It is clearly conceivable that a beneficial bonding could exist between a parent and child, such that, if the bond were broken, the child could suffer extreme emotional consequences ....

2023Accordingly,…the scope of review in preliminary injunction matters is plenary.” Warehime v. Warehime, 580 Pa. 201 , 209 n.7, 860 A.2d 41 , 46 n.7 (2004).

2019Our inquiry “is limited to a determination of whether an examination of the record reveals that any apparently reasonable grounds support the trial court’s disposition of the preliminary injunction request.” Id. at 1001 (quotations omitted).4 A trial court has apparently reasonable grounds for its denial of relief where it “properly finds that any one of the following “essential prerequisites” for a preliminary injunction is not satisfied.” Id. 4 Our Supreme Court in Warehime v. Warehime, 860 A.2d 41, 46, n.7 (Pa. 2004), noted that the scope of review in preliminary injunction matters is plena

1961While we are not concluded by the master’s findings, his judgment upon the question of credibility is entitled to the fullest consideration; and this is especially true when his report, as in the case at bar, presents a searching analysis of the testimony.” Boyles v. Boyles, 179 Pa. Superior Ct. 184, 186, 187 , 116 A. 2d 248 .

1961While we are not concluded by the master’s findings, his judgment upon the question of credibility is entitled to the fullest consideration; and this is especially true when his report, as in the case at bar, presents a searching analysis of the testimony.” Boyles v. Boyles, 179 Pa. Superior Ct. 184, 186, 187 , 116 A. 2d 248 .

2024But see id. at 807 (recognizing the continuing viability of the common law doctrines “in the absence of definitive legislative involvement”). 22 See, e.g., V.L.-P. v. S.R.D., 288 A.3d 502, 521 (Pa. Super. 2023) (declining to extend K.E.M. to cases involving the fraud exception and stating “we simply do not hold, as the trial court did, that a child's best interests are elevated over the interests of a party who has been defrauded”); M.L. v. J.G.M., 132 A.3d 1005, 1009 (Pa. Super. 2016) (stating that blood tests are irrelevant if paternity by estoppel applies and remanding for a determination o

2022Smith v. Smith, 43 A.2d 371, 585 (Pa. Super. 1945); see also Habjan v. Habjan, 73 A.3d 630, 644 (Pa. Super. 2013) (“[T]his Court defers to the - 14 - J-S36031-21 credibility determinations of the trial court with regard to the witnesses who appeared before it, as that court has had the opportunity to observe their demeanor.”) (citation omitted).

2012See Commonwealth v. Russo, 594 Pa. 119 , 934 A.2d 1199 , 1209 n. 11 (2007) (“We reiterate that we believe that state constitutional decisions are more secure when they are supported by the searching inquiry contemplated by [Commonwealth v. Edmunds, 526 Pa. 374 , 586 A.2d 887 (1991) J.”). 1 However, that analysis can await a case where the issue is squarely presented.

2012See Commonwealth v. Russo, 594 Pa. 119 , 934 A.2d 1199 , 1209 n. 11 (2007) (“We reiterate that we believe that state constitutional decisions are more secure when they are supported by the searching inquiry contemplated by [Commonwealth v. Edmunds, 526 Pa. 374 , 586 A.2d 887 (1991) J.”). 1 However, that analysis can await a case where the issue is squarely presented.

2010Jackson v. Beck, 858 A.2d 1250, 1253 (Pa. Super. 2004). (3) “[AJbsent compelling reasons to the contrary, the policy in Pennsylvania is to permit siblings ... to be raised together” Saintz v. Rinker, 902 A.2d 509, 513 (Pa. Super 2006). (4) “The Pennsylvania Domestic Relations Code, 23 Pa.C.S. §101 et seq., is clear that a trial court is required to consider a child’s preference before entering an award of partial custody, as well as any other factor which will legitimately impact the child’s physical, intellectual, and emotional well being.

2007The absence of such language in Article I, Section 8 of the Pennsylvania Constitution further detracts from appellant's reliance on Johnson as persuasive support in his Edmunds analysis. [13] See Appellant's Brief at 18 (quoting Scott, 583 N.Y.S.2d 920 , 593 N.E.2d at 1336); id. (quoting Johnson, 879 P.2d at 993 ); id. at 19 (citing Kirchoff, 587 A.2d at 996-97 ). [14] See, e.g., Appellant's Brief at 17 (citing Commonwealth v. Glass, 718 A.2d 804, 810 (Pa.Super.1998) for the proposition that the purpose of Article I, Section 8 is "to protect citizens from unreasonable searches and seizures");

2007The absence of such language in Article I, Section 8 of the Pennsylvania Constitution further detracts from appellant's reliance on Johnson as persuasive support in his Edmunds analysis. [13] See Appellant's Brief at 18 (quoting Scott, 583 N.Y.S.2d 920 , 593 N.E.2d at 1336); id. (quoting Johnson, 879 P.2d at 993 ); id. at 19 (citing Kirchoff, 587 A.2d at 996-97 ). [14] See, e.g., Appellant's Brief at 17 (citing Commonwealth v. Glass, 718 A.2d 804, 810 (Pa.Super.1998) for the proposition that the purpose of Article I, Section 8 is "to protect citizens from unreasonable searches and seizures");