Which standard is used to support a brief seizure, making it a lawful temporary seizure?

Which standard is used to support a brief seizure, making it a lawful temporary seizure?

• A. Consent
• B. Reasonable suspicion drawn from hunch
• C. Articulable Reasonable Suspicion
• D. Probable Cause

Answer: (C)

To justify a brief seizure, the officer must have articulable reasonable suspicion—that is, specific, objective facts and observations that would lead a reasonable person to suspect involvement in criminal activity. It’s more than a gut feeling; the facts must be explainable and capable of being stated to others. This standard lets a officer briefly stop and investigate without arresting, under Terry v. Ohio, but it’s not as strong as probable cause, which is needed for an arrest or a more invasive search. Consent could also authorize a stop if given, but absent consent, articulable reasonable suspicion is the appropriate basis. So the standard used for a lawful temporary seizure is articulable reasonable suspicion.

To justify a brief seizure, the officer must have articulable reasonable suspicion—that is, specific, objective facts and observations that would lead a reasonable person to suspect involvement in criminal activity. It’s more than a gut feeling; the facts must be explainable and capable of being stated to others. This standard lets a officer briefly stop and investigate without arresting, under Terry v. Ohio, but it’s not as strong as probable cause, which is needed for an arrest or a more invasive search. Consent could also authorize a stop if given, but absent consent, articulable reasonable suspicion is the appropriate basis. So the standard used for a lawful temporary seizure is articulable reasonable suspicion.