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arrested on your own private property? (Al Unser Sr. content)

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Old 12-14-06, 09:33 PM
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LexFather
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Angry arrested on your own private property? (Al Unser Sr. content)

Lawyer: Unser Sr.'s Aug. 9 arrest resulted from confusion

Dec. 14, 2006
CBS SportsLine.com wire reports

ALBUQUERQUE, N.M. -- Four-time Indianapolis 500 winner Al Unser Sr.'s arrest last summer on charges of resisting and disobeying police resulted from confusion, Unser's attorney told a jury Wednesday.
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Unser is on trial in Metropolitan Court on the misdemeanor charges.

Unser was arrested on Aug. 9 near his home after authorities cordoned off the road on Albuquerque's Westside that is named after the famous racing family. The roadblock was set up as part of a SWAT situation in which officers were trying to arrest a man who had led them on a high-speed chase and allegedly had fired shots at police.

Unser's brother, Bobby, a three-time winner at Indy, arrived later at the roadblock and also was arrested after confronting police.

Bobby Unser's case is pending.

Al Unser's attorney, Bob McNeill, told jurors in his opening statement Wednesday that Unser believed he had come upon a traffic accident and was unaware of the nearby SWAT situation. McNeill said Unser was on his way to work and driving on his own property when he came upon the roadblock.

"This is not a highway. This is not a roadway. This is private property," McNeill said.

McNeill told the jury Unser was confused because two of the vehicles being used for the roadblock were driven by undercover officers and were unmarked. McNeill also said two of the three deputies who confronted Unser were plainclothes narcotics detectives who were helping out at the blockade.

McNeill said Unser became confused when the deputies began yelling at him.

"Al Unser is wondering why are they yelling? What is it that I'm not doing that I'm supposed to be doing," McNeill said. "He also wants to know who are these people that are yelling."

Prosecutor Jeremy Pena, during a brief opening statement, told the jurors Unser ignored orders to leave the area, that he exited his vehicle "with the intention of arguing with the deputies" and was arrested when he jumped back into his vehicle and tried to leave.

"The deputies' main objective was ... to make sure nobody came up to the crime scene," Pena said.

Deputies have said Unser started to go through the roadblock to get to his property when he was told to stop.

Bernalillo County sheriff's officer Jason Katz testified Thursday that Unser was arrested after refusing orders to leave the area. He said he told Unser several times to leave the area for his own safety.

Katz said Unser told officers he was on his own property, and refused to leave.

Unser was arrested after he tried to flee, Katz said. Another officer pulled Unser out of his vehicle and wrestled him to the ground, the deputy said.
 
Old 12-14-06, 10:48 PM
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Stage3
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Boy... now that's a conundrum of immense proportions...
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Old 12-14-06, 11:12 PM
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Jewcano
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Were they given the right by him or his family to use the property for a SWAT operation? If not, then i smell a juicy lawsuit.

Last edited by Jewcano; 12-15-06 at 05:05 PM.
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Old 12-15-06, 01:53 AM
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There are always two sides to a story, but this article makes it sound confusing.

Prosecutor Jeremy Pena, during a brief opening statement, told the jurors Unser ignored orders to leave the area, that he exited his vehicle "with the intention of arguing with the deputies" and was arrested when he jumped back into his vehicle and tried to leave.
The writer of this article didn't write it very well IMHO. They wanted him to leave the area then arrested him for trying to leave

Bernalillo County sheriff's officer Jason Katz testified Thursday that Unser was arrested after refusing orders to leave the area. He said he told Unser several times to leave the area for his own safety.

Katz said Unser told officers he was on his own property, and refused to leave.

Unser was arrested after he tried to flee,
So again, they wanted him to leave for his own safety then arrested him after he tried to flee?

Seriously, I understand the situation, but the article sure could be confusing to read
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Old 12-15-06, 03:39 AM
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mmarshall
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Originally Posted by Stage3
Boy... now that's a conundrum of immense proportions...
a WHAT of immense proportions?
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Old 12-15-06, 12:22 PM
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mavericck
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Another incident of cops overreacting and letting the power get to their head.
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Old 12-15-06, 12:40 PM
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One can actually be arrested for obstructing a police investigation by not following law enforcements directives. If they told Unser to step back, do not enter, even if it is i/f/o his own home, they have grounds to slap the cuffs on him. It is considered obstructing the performance of law enforcements duties.
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Old 12-15-06, 01:24 PM
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STIG
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Screw the police.

But it seems like they guy is trying to be smart *** to the po po.

The best thing to do with these po po is to shut up and listen to them. I never argue with po po. I just said, I am very sorry, and after signing the ticket i just said, Have a nice (fawking) day. It's pretty peaceful that way unless their breath really stinks.
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Old 12-15-06, 04:53 PM
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Inabj2
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I wish unser's property could be considered its own country.

Then the cops could be invading!
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Old 12-17-06, 12:29 AM
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Unser was acquited.

http://www.abqtrib.com/news/2006/dec...t-be-affected/
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