When is an officer allowed to perform a "pre-textual stop"?

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A "pre-textual stop" refers to the practice where an officer stops a vehicle for a minor traffic violation as a pretext to investigate suspected criminal activity. The key factor that legitimizes this type of stop is the presence of reasonable suspicion of criminal activity. This means that the officer must have specific facts or circumstances that would lead a reasonable person to suspect that a crime is being committed or about to be committed.

While other options may suggest scenarios where an officer could interact with a driver, they do not align with the legal framework governing pre-textual stops. For instance, simply being on a break does not provide the necessary grounds for initiating a stop. Observing a traffic infraction could also lead to a legitimate stop, but it needs to be coupled with reasonable suspicion to constitute a pre-textual stop in the context of investigating further criminal activity. Feeling threatened, while valid in certain situations for officer safety, does not encompass the legal justification required specifically for a pre-textual stop. Thus, the correct answer reflects the foundational legal principle that underpins the practice of pre-textual stops.

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