What must be established for police to justify an investigative stop?

To justify an investigative stop, police must establish reasonable suspicion that a crime may be occurring or about to occur. This standard is less demanding than probable cause, which is typically required for arrests and warrants. Reasonable suspicion allows law enforcement officers to engage in brief stops and questioning if they have specific, articulable facts that suggest criminal activity is afoot.

This standard is grounded in the Fourth Amendment, which protects individuals from unreasonable searches and seizures. The Supreme Court has articulated that the reasonable suspicion standard involves a totality of the circumstances analysis, meaning that officers can assess the situation based on their training and experience, taking into account inconsistent behavior or factual elements that raise suspicion.

In contrast, probable cause requires a higher degree of certainty and typically applies to arrests and searches where a warrant is needed. Likewise, consent to searches and valid warrants are separate legal frameworks for police action that do not directly pertain to the justification of an investigative stop. Thus, reasonable suspicion serves as the foundational requirement specifically for the actions of stopping and questioning individuals by law enforcement.