AFFIDAVIT OF TROOPER RANDY RAHNE

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

Document AFFIDAVIT OF TROOPER RANDY RAHNE was attached to:
MOTION TO DISMISS OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT

Date AFFIDAVIT OF TROOPER RANDY RAHNE along with MOTION TO DISMISS OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT was filed:
Approximately March 1997

Date Trooper Randy Rahne signed affidavit:
March 25, 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

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Contents of Web Page:
The AFFIDAVIT OF TROOPER RANDY RAHNE that came attached to the MOTION TO DISMISS OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT as well as my comments & rebuttals to the AFFIDAVIT OF TROOPER RANDY RAHNE

How can you view my comments & rebuttals?
Just click on the hyperlinked parts that link to "Rebuttal_?" - where "?" is my rebuttal number. Please note that not all hyperlinks in this web page are rebuttals - only the ones that link to "Rebuttal_?".

I, TROOPER RANDY RAHNE, being first duly sworn upon oath, depose and state as follows:

1. I have been employed with the Colorado Department of Public Safety for 15 years. At all times relevant to Mr. Perez's allegations in the lawsuit, I served as a state trooper with the Colorado State Patrol.

2. I am 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 a Colorado state trooper.

3. This affidavit is made upon personal knowledge.

4. As a Colorado State trooper, it is my responsibility and obligation to the people of Colorado to ensure their safety on Colorado highways. It is also my responsibility to instruct classes on the detection and apprehension of the drinking and drugged driver at the Colorado State Patrol Academy.

5. On December 7, 1995, at approximately 6:00 p.m., while driving eastbound on I-70 and the area of Wadsworth Blvd., Trooper [Gerald] Lincoln and I were taking two subjects used in the drinking lab for a DUI class back to their homes when we noticed a Nissan Pathfinder driving erratically. This vehicle would find a gap between his car and the vehicle he was following, accelerate unreasonably fast and then brake unreasonably hard before almost crashing into the rear of the vehicle he was following.

6. I was driving a marked State Patrol vehicle which had an "Out-of-Service" cover on the light bar. Trooper [Gerald] Lincoln was in the passenger seat and there were two passengers in the back seat. Neither Trooper [Gerald] Lincoln nor I were in our State Patrol uniforms.

7. We contacted CSP dispatch to see if another trooper or agency could assist us in stopping the Pathfinder since we were not in service. We also asked for assistance because we already had two impaired passengers, and we did not want to risk their safety.

8. After observing this erratic driving for several miles, we shined the "alley light" towards the driver to get a good look at him. We noticed that the driver had a dazed appearance.

9. The Pathfinder then entered northbound I-25. Once we neared 58th Avenue and I-25, a Denver Police officer made the traffic stop. We stopped approximately 30 feet behind the Pathfinder, Trooper [Timothy] McClinchy then pulled in behind our vehicle.

10. As I observed the driver of the Pathfinder, I noticed blood shot and glassy eyes. The driver was nervous and asked why we were following him. The driver, Franklin Perez, constantly interrupted me. I explained to him that his driving behavior and actions were consistent with that of an intoxicated driver. I further explained that his driving was not only dangerous, but extremely unusual for a sober driver.

11. I did not detect an odor of an alcoholic beverage on his breath, but suspected drugs. I asked Mr. Perez if he would voluntarily perform a few simple, voluntary physical maneuvers. Mr. Perez agreed to perform these maneuvers.

12. Although he seemed to have some difficulty understanding the instructions I was giving him, Mr. Perez eventually completed the roadside sobriety test.

13. Mr. Perez repeatedly said that I was harassing him and violating his civil rights. Since the driver had a Middle Eastern appearance, I asked him if he came here from another country, thus giving a reason for his poor driving. Mr, Perez said that he was born in New Jersey and that he always drives like this.

14. We did not determine Mr. Perez to be under the influence of alcohol or drugs. However, his observed erratic behavior did violate State Statutes dealing with careless driving. Trooper [Timothy] McClinchy issued Mr. Perez a citation for careless driving and he was released.

15. At all times during this incident, Mr. Perez was treated with the utmost respect, as is any other citizen. Mr. Perez, on the other hand, was irrational and argumentative throughout the whole process.

16. As State Troopers, we have a duty to stop and investigate any suspicious behavior to safeguard the public. All stops are based on probable cause. Our stopping Mr. Perez had nothing to do with race or any other reason other than his observed erratic driving.

FURTHER AFFIANT SAIETH NOT.

DATED this 25th day of March, 1997.

Below are my numbered comments and rebuttals to the AFFIDAVIT OF TROOPER RANDY RAHNE:

1. The time is off! I was stopped at I-25 Northbound at around 6:00pm. In fact, the traffic citation states 5:50pm. I was not along I-70 East at 6:00pm. I was at that time either stopped or already been stopped and the stoppage occurred on I-25 Northbound. He obviously has his facts and time messed up due to having s--- for brains!! God knows what else he has messed up!!Also, I was not driving erratically!!!
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2. Please see Rebuttal 1 in AFFIDAVIT OF TROOPER GERALD LINCOLN. This statement is false.
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3. Please note that Tropper Randy Rahne has admitted in an affidavit that he was not wearing his uniform. A point raised in item #26 of my Civil Rights lawsuit.
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4. I was not driving erratically! The shining of the "alley light" on my car while I was driving along I-70 East (if such an "alley light" was shown) must have been done behind me while their car was following me. How in the world can they determine that I had a dazed look via shining of the "alley light" while driving behind me is beyond my comprehension!!! I do not recall any "alley light" being shown on me while driving along I-70 East.
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5. I did not have "blood shot and glassy eyes" because I was not drunk as proven by having 0.000 on the breathalizer. Trooper Randy Rahne is full of s---!!! If I did have "blood shot and glassy eyes", why was that not written down as an observation either in the careless driving citation issued to me or the police report obtained during discovery? This again is another indication of these police officers lying through their teeth just to save their behinds!!! Also, he noticed "blood shot and glassy eyes" from 30 feet away from me! At around 6:00pm on December 7, 1995 at night!!! That does not make sense!! It does not make sense that he observed "blood shot and glassy eyes" from 30 feet away from me at night & it does not make sense that if he did observe "blood shot and glassy" eyes that it was not noted neither in the careless driving citation issued to me nor in the police report obtained during discovery!! This just goes to prove that Trooper Randy Rahne is a liar who would do or say anything just to save his behind!!!
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6. I was nervous after being told that they stopped me because they thought I was drunk. I was completely flabbergasted! I was returning home from work!
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7. I was not interrupting him! I was ordered to perform several roadside sobriety tests. As the tests kept dragging on and I saw that there was no end in sight, I stated on two to three occasions, "Officer, I have to respectfully state this is turning into harassment." By the second or third time I stated that, Trooper Timothy McClinchy told me to just "shut up and cooperate". Also, I sensed that Trooper Randy Rahne throughout this ridiculous ordeal was at times upset at me. When I asked for his name (after he told me that I was being stopped because of suspicion of drunk driving), he said "Randy Rrrrrr...". I could not get his last name. So I asked him again what his name was. Again his response to me was "Randy Rrrrrr..." and then stated in a patronizing manner that he would at the end of all of this give me his name with a photo id - I never received a photo id from him! I sensed that he just did not want to state his name to me. I sensed at that point that he was just trying to brush me off and to get me to just do whatever he stated for me to do. Also, when I asked for clarification on some of those roadside sobriety tests to perform - the one that comes to my mind is one where you move forward x many steps and then turn around and go back y number of steps.... I forgot the exact sequence of instructions he asked me to perform but - when I asked for clarification on what exactly he wanted me to do, I noticed in his face that he was obviously upset at me. He did not feel inclined to repeat the instructions even though some of them were so long winded and had so much for me to do, that any normal person would have been inclined to ask the police officer to repeat it so that he/she would do it right. Add to that the intimidation factor of being compelled and coerced into doing this (via Trooper Timothy McClinchy's "shut up and cooperate" statement) and anybody could easily understand how one would want to ask for clarification on instructions. At another point, towards the beginning, he told me to repeat a certain phrase. I did not understand the phrase he wanted me to repeat because the phrase he wanted me to repeat was just plain mush!! So, I asked him to please repeat the phrase he wanted me to say, and again it was just total mush and nonsense that was coming out of his mouth. When I told him that I could not understand what he was trying to get me to repeat, I noticed anger in his face and so he then just motioned to me to just forget about it and he just moved on to the other parts of the roadside sobriety test. I sensed he was trying to get me to somehow mess up these roadside sobriety tests so that he could just nail me with drunk driving!
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8. I was not driving dangereously!! Blantant lie!! Please also see Rebuttal 5.
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9. I never got the impression nor was I ever told that these roadside sobriety tests were voluntary until the very end when Trooper Timothy McClinchy issued me the careless driving citation and told me "you understand that these roadside sobriety tests were voluntary". In fact, the opposite impression was given to me. As the tests kept dragging on I stated on two to three occasions that "Officer, I must respectfully state that this is turning into harassment." By the second or third time of saying that, Trooper Timothy McClinchy told me to just "shut up and cooperate." That does not sound voluntary!! I am at this point being coerced and compelled to do roadside sobriety tests that are suppose to be voluntary and which the officers have no authority to compel me to do!!!
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10. Please also see Rebuttal 7. I had difficulty because at times only garbage seemed to be coming out of Trooper Randy Rahne's mouth and at other times the sequence of instructions I was ordered to perform were so many, that I had to ask for a repeat so that I could do it right!!
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11. This is an off-the-wall statement. Anyone who looks at me will notice that I do not have a Middle Eastern appearance. This statement also sounds very prejudicial, implying that all Middle Eastern drivers are poor drivers. Also, Trooper Randy Rahne did not ask me whether I came here from another country. He told me that I looked as if I've never lived in this country before, a prejudicial statement implying that I am an outsider. Please also see Item #19 of my Civil Rights lawsuit.
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12. I was not driving erratically!!! Blatant lie!!!
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