AFFIDAVIT OF MAJOR DALE KING
Place where AFFIDAVIT OF MAJOR DALE KING
District Court, City and County of Denver, State of Colorado
Case Number 96 CV 6563
Document AFFIDAVIT OF MAJOR DALE KING
MOTION TO DISMISS OR IN THE ALTERNATIVE, MOTION
FOR SUMMARY JUDGMENT
Date AFFIDAVIT OF MAJOR DALE KING
with MOTION TO DISMISS OR IN THE ALTERNATIVE, MOTION
FOR SUMMARY JUDGMENT was filed:
Approximately March 1997
Date Major Dale King signed affidavit:
March 5, 1997
Plaintiff: Franklin Perez
THE COLORADO STATE PATROL; RANDY RAHNE,
individually, and in his official capacity as a Colorado State Trooper;
LINCOLN, individually, and in his official capacity as a Colorado
State Trooper; and, TIMOTHY McCLINCHY, individually,
and in his capacity as a Colorado State Trooper
I, MAJOR DALE KING, being first duly sworn upon oath, depose and state
FURTHER AFFIANT SAIETH NOT.
I have been employed with the Colorado Department of Public Safety for
26 years. At all times relevant to Mr. Perez's allegations in the lawsuit,
I served as the director of the Colorado State Patrol Academy.
I am not a named Defendant in the above-captioned case. The allegations
contained in the Complaint in this matter relate to the performance of
my duties as the director of the Colorado State Patrol Academy, located
at Camp George West in Golden, Colorado.
This affidavit is made upon personal knowledge.
As the director of the Colorado State Patrol Academy, it is my responsibility
to supervise the training and education received by all state troopers
graduating from the Academy to ensure they have sufficient knowledge in
the detection and apprehension of the drinking and drugged driver. Graduates
are trained for the purpose of protecting and serving the people of Colorado
on Colorado highways.
CSP Policy Safety Procedures 303.15(I)(a)
states as follows:
"A normal traffic contact
is made based on probable cause to believe that a traffic violation has
occurred." Copy of this procedure is attached hereto as Attachment
Probable cause is also emphasized in the classroom as presented in Reid
v. Georgia, 448 U.S. 438 (1980), and in Florida v. Roger, 460
U.S. 491 (1983).
The Colorado State Patrol has no profile for stopping anyone in particular
on Colorado highways. Only probable cause is used as the basis for determining
why a traffic stop occurs, i.e., tinted windows, malfunctioning headlights,
erratic driving behavior, etc. Issues concerning probable cause are not
only addressed during basic training. Issues of legal stops are particularly
revisited during the required 32-hour annual inservice training.
A driver on Colorado highways is not stopped because of the driver's race,
nationality, gender, or age.
DATED this 5th day of March, 1997.
Attachment to Major Dale King's Affidavit
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