State v. Lhasawa

The City of Portland (the City) has adopted several “civil exclusion” ordinances, under which the City temporarily excludes from designated areas of the city persons who the police have arrested for certain crimes. In the present case, we are asked to decide whether exclusion under one of those ordinances is “jeopardy” for purposes of the former jeopardy provision of the Oregon Constitution or the double jeopardy prohibition in the United States Constitution. If it is “jeopardy,” then the person on whom the City has imposed such an exclusion cannot later be prosecuted criminally for the…