What is required for an investigatory stop to be justifiable?

• A. Evidence of past criminal activity
• B. Objective manifestation of potential criminal activity
• C. Presence of witnesses to the crime
• D. Prior knowledge of the suspect

Answer: (B)

For an investigatory stop to be justifiable, there needs to be an objective manifestation of potential criminal activity. This means that law enforcement must observe specific and articulable facts that lead them to believe that a person is engaged in criminal behavior. The standard used in these situations does not rely on a hunch or intuition; instead, it must be grounded in observable circumstances that can be clearly articulated.

This requirement is part of the legal standard established by the Fourth Amendment, which protects individuals from unreasonable searches and seizures. An investigatory stop, often referred to as a Terry stop (from the case Terry v. Ohio), allows officers to stop and briefly detain a person for questioning if they have reasonable suspicion based on those objective manifestations.

The necessity for a clear basis for the stop underscores the principle that the legal system values the protection of individual rights. Officers must be able to explain their reasons for initiating an investigation. This standard seeks to balance public safety with personal liberties.