Pubdate: Fri, 03 Feb 2006
Source: Boston Herald (MA)
Copyright: 2006 The Boston Herald, Inc
Contact:  http://news.bostonherald.com/
Details: http://www.mapinc.org/media/53
Author: Laura  Crimaldi
Bookmark: http://www.mapinc.org/find?228  (Paraphernalia)
Related: http://www.mapinc.org/drugnews/v05/n1898/a09.html?283979

'BONGS' AWAY PEMBROKE POLICE KEEP STORE'S PIPES DESPITE RULING

One woman's smoke shop is a Pembroke police officer's head shop.

That pretty much sums up an ongoing legal battle over alleged drug 
paraphernalia  that's still smoldering despite a court ruling that 
the whole case should have  gone up in smoke.

Karen Brennan  Fontana, owner of Brennan's Smoke Shop in Pembroke, is 
fighting for the return  of $20,000 worth of smoking pipes, grinders, 
water pipes and pipes made of  acrylic seized in a November police raid.

"They took it out  before Christmas and that was $20,000 retail," 
said Fontana, who was accused of  selling bongs by Pembroke police. 
"We are a smoke shop, not a head shop."

A clerk magistrate at the Plymouth District Court agrees. In a 
decision handed down Monday, Assistant Clerk Magistrate Lucy Canavan 
ruled police did not  have enough evidence to charge Fontana with the 
illegal possession of drug  paraphernalia with intent to sell.

"I have no idea  which of the items seized the commonwealth even 
considers ' bongs,' " Canavan  wrote in her decision, which was 
provided to the Herald by Fontana. "I have  simply the bald 
assertions by the police officers that 'bongs' and other 'drug 
paraphernalia' were seized and that 'we know the kids are using them 
for drugs.' "

The Pembroke  police refuse to return the seized merchandise until 
they hear what a judge has  to say in an appeal bid.

Said Detective  Ted Kane: "We feel that we have legitimate property 
here that is drug  paraphernalia."
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MAP posted-by: Beth Wehrman