AFFIDAVIT OF MAJOR DALE KING

Place where AFFIDAVIT OF MAJOR DALE KING was Filed:
District Court, City and County of Denver, State of Colorado
Case Number 96 CV 6563
Courtroom 9

Document AFFIDAVIT OF MAJOR DALE KING was attached to:
MOTION TO DISMISS OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT

Date AFFIDAVIT OF MAJOR DALE KING along 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

Defendants:
THE COLORADO STATE PATROL; RANDY RAHNE, individually, and in his official capacity as a Colorado State Trooper; GERALD 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 as follows:

1. 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.
2. 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.
3. This affidavit is made upon personal knowledge.
4. 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.
5. 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 A.
6. 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).
7. 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.
8. 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.