Voluntary Consent to Search Car: Commonwealth of Pennsylvania v Lopez

Posted on September 12, 2013 by iscadmin in Criminal Defense with Comments Disabled

FACTS
On the afternoon of July 13, 1989, Lopez was driving a Ryder rental truck towing a Volkswagen automobile on Interstate 90 in Erie County. His wife, Yvonne, and his four year old child were passengers. Corporal Robert Martin of the Pennsylvania State Police noticed the tow chains between the Ryder truck and the Volkswagen were not crossed as required by § 4905(d) of the Pennsylvania Vehicle Code, and signaled Lopez to pull over.

After the stop, upon request, Lopez produced his driver’s license, vehicle registration and the rental agreement for the truck, which revealed that the truck had been rented in Carlsbad, New Mexico with a destination of Glen Falls, New York. Upon concluding that the papers were in order, Corporal Martin did not return them to Lopez but, instead asked Lopez to exit the vehicle and walk to its rear.

Read more →

Parent Wishing to Move Out of Area: Gruber v. Gruber

Posted on September 12, 2013 by iscadmin in Family Law with Comments Disabled

FACTS
Mother and father were married in 1980. They have three children: age 4; age 2; and an infant. The parties separated in November, 1989. On November 15, 1989, the court issued an order that gave shared legal and primary physical custody to mother and gave father visitation on alternate weekends and numerous, specified holidays.

Mother became increasingly depressed and isolated in her surroundings. Her deteriorating psychological state was the result of many factors including the confrontations with her husband, a perceived animosity from her in-laws, a lack of emotional support in the absence of friends or family, and anxiety about having to move from her apartment which no longer was going to be available to her through her in-laws.

Read more →