What must law enforcement have to conduct a Tier 2 seizure?

• A. Probable cause
• B. Certainty of guilt
• C. Articulable reasonable suspicion
• D. A signed warrant

Answer: (C)

For law enforcement to conduct a Tier 2 seizure, they need to possess articulable reasonable suspicion. This standard requires that officers have specific and articulable facts that suggest a person is involved in criminal activity, which is a lower threshold than probable cause. Reasonable suspicion allows law enforcement to initiate brief stops and interrogations, often referred to as "stop and frisk."

In contrast, probable cause is necessary for Tier 1 seizures, which involve more intrusive measures, such as arrests or searching a property. Certainty of guilt reflects a higher standard of proof and is not required at the Tier 2 level, as outcomes in criminal cases are not generally predicated on certainty. A signed warrant is also unnecessary for Tier 2 seizures, as these can occur without a warrant if reasonable suspicion is established. Thus, articulable reasonable suspicion is indeed the correct requirement for Tier 2 seizures, enabling law enforcement to engage with individuals based on a reasonable belief of potential involvement in a crime.