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RUPERT v. CITY OF PORTLAND

605 A.2d 63 (1992)

Erwin L. RUPERT v. CITY OF PORTLAND.

Supreme Judicial Court of Maine.

Decided February 28, 1992.

Attorney(s) appearing for the Case

Erwin L. Rupert, pro se (orally).

Donna M. Katsiaficas (orally), Natalie L. Burns, City of Portland, Francis E. Ackerman, Amicus Curiae, Asst. Atty. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD and COLLINS, JJ.

McKUSICK, Chief Justice.

In this action plaintiff Erwin L. Rupert seeks to recover from the City of Portland a marijuana pipe seized by the Portland police as drug paraphernalia. Rupert claims that the confiscation of the pipe pursuant to the Drug Paraphernalia Act, 17-A M.R.S.A. § 1111-A (1983), violated his right to the free exercise of religion guaranteed by both the Maine and the United States Constitutions. Rejecting Rupert's constitutional claims, the Superior...

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