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STATE v. LHASAWA

(CC 9702-41629; CA A97609; SC S46749)

55 P.3d 477 (2002)

334 Or. 543

STATE of Oregon, Respondent on Review, v. Phuntsok Ngawang LHASAWA, Petitioner on Review.

Supreme Court of Oregon.

Decided September 19, 2002.

Attorney(s) appearing for the Case

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds. Solicitor General.

Chin See Ming, of Perkins Coie LLP, Portland, filed the brief for amicus curiae ACLU Foundation of Oregon, Inc.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, and RIGGS, Justices.

GILLETTE, J.

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...

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