Suspects May Be Banned From Drug-Free Zones

Suspects arrested for possessing small amounts of drugs in the city’s drug-free zones could be excluded from the zones for 90 days rather than face criminal charges under a proposed policy.

Police and prosecutors are considering changes since a Multnomah County circuit judge has ruled that the city could either charge suspects or exclude them from its drug-free and prostitution-free zones.

To do both constitutes double jeopardy - being punished twice for the same offense - in violation of state and federal constitutions, Judge John Wittmayer ruled April 24.

That ruling resulted in the dismissal of 200 to 300 drug and prostitution cases within the past week, including cases against about 100 suspects who were in jail awaiting trial.

The Multnomah County district attorney’s office plans to appeal, but a ruling from the Oregon Court of Appeals could take 18 months.

In the meantime, law enforcers want to do whatever will stop drug sales, said John Bradley of the district attorney’s office.

Officials hope to decide next week. A drug suspect excluded from the zone for 90 days would be arrested for trespass if he or she returned.

Bradley said it’s too soon to talk about specifics, such as the amount of drugs that would lead to prosecution rather than exclusion, or whether the policy would be used in the city’s prostitution-free zones.

The City Council adopted drug-free zones in 1992 and prostitution-free zones in 1995 in areas where the council determined those crimes to be serious problems. Suspects were excluded for 90 days following an arrest, and for an additional year if convicted.

If forced to choose, many residents and business owners in the zones appear to support the exclusions because they say the city ordinances have done a better job of ridding areas of crime than conventional prosecution. Mayor Vera Katz said she tends to agree.

Al Jasper, who owns the Marco Polo Garden Restaurant in Old Town, said the exclusions are more effective than arrests because they allow police to automatically arrest someone if the person returns to the area.

“So you lose a possible couple convictions,” he said. “If the idea is to get them out of the area, go for the exclusion the first time.”

But some residents say the policy would send the wrong message, especially to young people.

“I want an arrest on their record,” said Stacy Cooper of northeast Portland.