Legal Opinion
Rupert v. City of Portland
Supreme Judicial Court of Maine
Decided February 28, 1992PublishedCited by 11 opinions
1Opinion of the Court
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 Court (Cumberland County, Cole, J.) entered judgment for the City, and we affirm.
I
On December 6, 1990, Rupert was walking away…
2Cases cited6 opinions
- Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
- United States v. RushCourt of Appeals for the First Circuit · 1984
- Timothy Leary v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Salvation Army (The) v. Department Of Community Affairs Of The State Of New JerseyCourt of Appeals for the Third Circuit · 1990
- Blount v. Department of Educational & Cultural ServicesSupreme Judicial Court of Maine · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fortin v. Roman Catholic Bishop of PortlandSupreme Judicial Court of Maine · 2005
- Catholic Charities of Maine, Inc. v. City of PortlandDistrict Court, D. Maine · 2004
- Mood for a Day, Inc. v. Salt Lake CountyDistrict Court, D. Utah · 1995
- Pelletier v. Maine Principals' Ass'nDistrict Court, D. Maine · 2003
- Dee v. United StatesDistrict Court, D. Maine · 2003
6 more not listed; retrieve them via the Exa API.