What is necessary for a Tier 3 encounter?

• A. Reasonable suspicion
• B. Probable cause
• C. Verbal communication with no further action
• D. A warrant from a judge

Answer: (B)

A Tier 3 encounter, often referred to as a stop and arrest situation within the context of criminal procedure, is characterized by the fact that law enforcement must have probable cause to engage in an action which leads to arrest. In this context, probable cause means that the officer has enough factual evidence to believe that a crime has been or is being committed by the individual being stopped.

This standard is higher than reasonable suspicion, which is the threshold for Tier 2 encounters where officers may engage an individual for investigative purposes but do not yet have the grounds to detain or arrest. In cases of verbal communication without further action or the requirement of a warrant, these do not meet the threshold of a Tier 3 encounter. Thus, the necessity for probable cause is essential to take action that could deprive an individual of their liberty in a significant manner, such as making an arrest.