Although he sent me a court decision confirming that such an interrogation was actually illegal, he would not provide me with a note as I requested to protect me from further illegal interrogations.

Michael O'Pake
13th and Rockland
Reading PA 19604

RE: Sobriety Checkpoint - Rt 222 - Sept. 19, 1998 - 11:00 PM

Last Saturday evening, after a 14 hour ride returning from an out of state vacation, I was surprised to find myself facing about a dozen armed men in what is euphemistically referred to as a "sobriety checkpoint". Although I've read about the ineffectiveness and concomitant abuses associated with these "checkpoint charlie" roadblocks, I haven't had the misfortune of experiencing firsthand this insult to basic American freedoms.

I was under the impression that such roadblocks were permitted only under certain limited circumstances such as distribution of literature, etc. I was not given any literature.

Nor was I stopped for any "probable causeí" only as a result of the roadblock. First , my girlfriend and I were asked "Have either of you had anything to drink today?" Fortunately, before I had a chance to explain to the officer that the eating and drinking habits of my companion and me were none of his business, my girlfriend volunteered, "No, we're just traveling".

The officer responded "Where are you going?" Again, before I had a chance to explain to the officer that he had no right to interrogate me as to my destination, my girlfriend said "Weíre going home."

"OK," said the officer, "then I'll let you go." Although I was curious just why I needed his permission to go, or what he was "letting me go" from, I just continued on my way.

I would appreciate if you would provide me with any information you have on my rights in such a situation. I realize that the police recommend that, when confronted by an armed lawbreaker, a person should just cooperate, but for some reason I am disturbed when it is the police breaking the law. I think that the police should protect me from such abuses, not subject me to them!

If I am correct in my assumptions that, without probable cause (1) the police have no right to interrogate me or my companions about our eating or drinking habits, (2) they have no right to ask me where I am going, and (3) as a citizen of the Commonwealth of Pennsylvania, I am already free to continue on my way unless an officer has probable cause to suspect that I have committed a crime, then I would appreciate your written confirmation of these rights. Perhaps you should also inform the officers in charge of such activities of their appalling neglect for the rights of citizens in these circumstances.

I am especially concerned that, without my girlfriend's cooperation with what I am certain was an illegal interrogation, the police wouldn't have appreciated my appeal to my rights as an American, and would have used additional force to prove their power over these rights.

Perhaps your office could issue a signed document such as this to be used by citizens facing similar circumstances.

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