SCCJA: RESERVE OFFICER
TRAINING PERFORMANCE
OBJECTIVES EXAM QUESTIONS
AND ANSWERS
Important historical events leading to the ratification of the Constitution and the Bill of
Rights. - Correct Answers -1776: Independence declared from England
1787: Work began on the Constitution
1788: The Bill of Rights was proposed
1791: The Bill of Rights was ratified
Identify the separation of powers concept and its application to the three branches of
government. - Correct Answers -Legislative-law makers
Executive-law enforcers
Judicial-law interpreters
Identify the Amendments that make up the Bill of Rights - Correct Answers -The first 10
Amendments
1st Amendment - Correct Answers -Right to freedom of religion, speech, press,
assembly, and petition.
4th Amendment - Correct Answers -Right to freedom from illegal search and seizure.
5th Amendemnt - Correct Answers -Right to freedom from testifying against oneself and
from double jeopardy.
6th Amendment - Correct Answers -Right to a speedy and public trial and an impartial
jury.
Identify the impact the 14th Amendment has on the application of due process. - Correct
Answers -The 14th Amendment extended the rights of the people protected in the Bill of
Rights from just the federal government, to include the state governments. It made due
process uniform.
,Define Due Process. - Correct Answers -The conduct of legal proceedings
according to established rules and principles for the protection and enforcement of
private
rights, including notice and the right to a fair hearing before a tribunal with the power to
decide the case OR Fundamental Fairness.
Recognize function and organization of the U.S. Supreme Court. - Correct Answers -
The U.S. Supreme Court makes the final determination if a law is constitutional and
legal. This is the court of last resort from which there is no appeal. It consists of 9
members to prevent a split decision. The members are nominated by the president and
confirmed by the Senate.
Identify sources of legal information. - Correct Answers -www.sc.gov
www.judicial.state.sc.us
www.ca4.uscourts.gov
www.supremecourt.gov
What is meant by the phrase "elements of an offense". - Correct Answers -Key points of
a crime that must be proved in order to obtain a conviction.
Identify the legal consequences an officer faces for taking actions that are legally
inappropriate. - Correct Answers -Civil Liability and criminal consequences, as well as
backlash affecting the officer's department, supervisors, and family.
Define civil liability. - Correct Answers -The responsibility that an officer bears for
damage or injury that the officer has caused another person to suffer.
Define tort. - Correct Answers -Civil wrong, other than breach of contract.
Define negligence. - Correct Answers -Failing to do what a reasonable officer would be
expected to do under the circumstances.
Define plaintiff. - Correct Answers -The person who files the lawsuit.
Municipal liability - Correct Answers -"Deep pockets liability" This allows the plaintiff to
satisfy a judgement by going to the greatest asset available, the government treasury.
These are 1983 lawsuits.
Direct Liability - Correct Answers -The officer that cause the harm is held responsible.
Indirect Liability - Correct Answers -Responsibility is imposed upon the offending
officer's superiors or agency, based on their relationship to the officer.
Vicarious Liability - Correct Answers -Responsibility placed upon an officer's superiors
based upon failure to train, failure to supervise, and failure to discipline.
,Absolute Immunity - Correct Answers -Protection for judges and legislators from liability
while performing their duties.
Sovereign Immunity - Correct Answers -Protection for the state.
Qualified Immunity - Correct Answers -Protection for officers to the extent that they
aren't required to guess future developments.
Identify and distinguish use of force considerations as set forth in Graham v. Connor. -
Correct Answers -The severity of the crime, does the suspect pose an immediate safety
threat, and did the suspect resist arrest or attempt to evade arrest.
Use of force must be objectively reasonable.
Distinguish use of force for control and use of force for defense - Correct Answers -
Control: State v. Person
Defense: Person v. Person
Identify use of force considerations in positional
asphyxia, excited delirium, and carotid holds. - Correct Answers -Positional Asphyxia is
a concern when trying to contain a suspect by hogtying or using a carotid hold. This is
especially dangerous when trying to contain a suspect experiencing excited delirium, as
it may require force to contain them.
Identify when an officer is allowed to use deadly force against a fleeing felon as set forth
in
Tennessee v. Garner. - Correct Answers -The "Fleeing Felon" must be apparently
armed or give the officer probable cause that he presents a significant threat to the
officer or others.
Identify when an officer may use deadly force for self-defense. - Correct Answers -In
self-defense, an officer can use deadly force to protect his life or the life of another.
Define the legal guidelines that apply to pursuit or emergency vehicle response under
S.C. Code of Laws 56-5-760. - Correct Answers -The driver can disregard regulations
governing speed, direction of movement, and traffic signals, but only if it doesn't
endanger other citizens.
Recognize the circumstances where deadly force is authorized and the facts that
determine if the use
of deadly force against a fleeing vehicle is constitutional as set forth in Brower v. County
of Inyo, Scott v. Harris, and Plumhoff v. Rickard. - Correct Answers -Deadly force
against a vehicle is allowed if it is necessary to stop the suspect from endangering
bystanders or officers.
Identify the checkpoint safety considerations as illustrated in Reed v. Medlin. - Correct
Answers -Checkpoints need to be set up in an area allowing for a turn-around and have
, plenty of notification for drivers. It cannot fully block a road or be set in a blind curve or
hill.
Identify what City of Canton, Ohio v. Harris says about municipal liability for failure to
train. - Correct Answers -Municipalities can be held liable based on policies of
inadequate training where the policies show deliberate indifference to the rights of the
people.
Summons and Complaint - Correct Answers -A writ or process commencing the
plaintiff's lawsuit.
Subpeona - Correct Answers -A writ commanding a person to appear before a court.
Notice of Hearing - Correct Answers -A notice advising a party of the date, time, and
place of hearing.
Restraining Order - Correct Answers -An order in the nature of an injunction.
Claim and Delivery - Correct Answers -A claim for recovery of specific personal
property.
Eviction - Correct Answers -Dispossession by process of law.
Articulate the jurisdiction of Family Court. - Correct Answers -Domestic or family
relationships
Articulate the jurisdiction of Probate Court. - Correct Answers -Wills, estates, guardian
ad litem, and mental competency
Identify the concept of expectation of privacy as it pertains to vehicles and the impact
"probable cause" has on that expectation. - Correct Answers -Vehicles carry a reduced
expectation of privacy, thus, if there is probable cause of the presence of contraband or
evidence, a vehicle may be searched, even without a warrant.
Identify the concept of inventory as it pertains to vehicles. - Correct Answers -It permits
officers to make a warrantless seizure of contraband or other evidence. It is based on 3
primary interests: Protecting the vehicle owner's property, protecting officers against
claims of theft and damage, and protecting against dangerous instrumentalities.
Identify the threshold requirements for emergency searches. - Correct Answers -To
protect life and safety, established warrant exceptions including search incident o arrest,
hot pursuit, stop and frisk, automobile exceptions, plain view doctrine, and consent, as
well as the preservation of evidence.
Articulate the jurisdiction of Masters in Equity Court. - Correct Answers -Referrals from
circuit court, foreclosure, partition of property, and guardian ad litem.
TRAINING PERFORMANCE
OBJECTIVES EXAM QUESTIONS
AND ANSWERS
Important historical events leading to the ratification of the Constitution and the Bill of
Rights. - Correct Answers -1776: Independence declared from England
1787: Work began on the Constitution
1788: The Bill of Rights was proposed
1791: The Bill of Rights was ratified
Identify the separation of powers concept and its application to the three branches of
government. - Correct Answers -Legislative-law makers
Executive-law enforcers
Judicial-law interpreters
Identify the Amendments that make up the Bill of Rights - Correct Answers -The first 10
Amendments
1st Amendment - Correct Answers -Right to freedom of religion, speech, press,
assembly, and petition.
4th Amendment - Correct Answers -Right to freedom from illegal search and seizure.
5th Amendemnt - Correct Answers -Right to freedom from testifying against oneself and
from double jeopardy.
6th Amendment - Correct Answers -Right to a speedy and public trial and an impartial
jury.
Identify the impact the 14th Amendment has on the application of due process. - Correct
Answers -The 14th Amendment extended the rights of the people protected in the Bill of
Rights from just the federal government, to include the state governments. It made due
process uniform.
,Define Due Process. - Correct Answers -The conduct of legal proceedings
according to established rules and principles for the protection and enforcement of
private
rights, including notice and the right to a fair hearing before a tribunal with the power to
decide the case OR Fundamental Fairness.
Recognize function and organization of the U.S. Supreme Court. - Correct Answers -
The U.S. Supreme Court makes the final determination if a law is constitutional and
legal. This is the court of last resort from which there is no appeal. It consists of 9
members to prevent a split decision. The members are nominated by the president and
confirmed by the Senate.
Identify sources of legal information. - Correct Answers -www.sc.gov
www.judicial.state.sc.us
www.ca4.uscourts.gov
www.supremecourt.gov
What is meant by the phrase "elements of an offense". - Correct Answers -Key points of
a crime that must be proved in order to obtain a conviction.
Identify the legal consequences an officer faces for taking actions that are legally
inappropriate. - Correct Answers -Civil Liability and criminal consequences, as well as
backlash affecting the officer's department, supervisors, and family.
Define civil liability. - Correct Answers -The responsibility that an officer bears for
damage or injury that the officer has caused another person to suffer.
Define tort. - Correct Answers -Civil wrong, other than breach of contract.
Define negligence. - Correct Answers -Failing to do what a reasonable officer would be
expected to do under the circumstances.
Define plaintiff. - Correct Answers -The person who files the lawsuit.
Municipal liability - Correct Answers -"Deep pockets liability" This allows the plaintiff to
satisfy a judgement by going to the greatest asset available, the government treasury.
These are 1983 lawsuits.
Direct Liability - Correct Answers -The officer that cause the harm is held responsible.
Indirect Liability - Correct Answers -Responsibility is imposed upon the offending
officer's superiors or agency, based on their relationship to the officer.
Vicarious Liability - Correct Answers -Responsibility placed upon an officer's superiors
based upon failure to train, failure to supervise, and failure to discipline.
,Absolute Immunity - Correct Answers -Protection for judges and legislators from liability
while performing their duties.
Sovereign Immunity - Correct Answers -Protection for the state.
Qualified Immunity - Correct Answers -Protection for officers to the extent that they
aren't required to guess future developments.
Identify and distinguish use of force considerations as set forth in Graham v. Connor. -
Correct Answers -The severity of the crime, does the suspect pose an immediate safety
threat, and did the suspect resist arrest or attempt to evade arrest.
Use of force must be objectively reasonable.
Distinguish use of force for control and use of force for defense - Correct Answers -
Control: State v. Person
Defense: Person v. Person
Identify use of force considerations in positional
asphyxia, excited delirium, and carotid holds. - Correct Answers -Positional Asphyxia is
a concern when trying to contain a suspect by hogtying or using a carotid hold. This is
especially dangerous when trying to contain a suspect experiencing excited delirium, as
it may require force to contain them.
Identify when an officer is allowed to use deadly force against a fleeing felon as set forth
in
Tennessee v. Garner. - Correct Answers -The "Fleeing Felon" must be apparently
armed or give the officer probable cause that he presents a significant threat to the
officer or others.
Identify when an officer may use deadly force for self-defense. - Correct Answers -In
self-defense, an officer can use deadly force to protect his life or the life of another.
Define the legal guidelines that apply to pursuit or emergency vehicle response under
S.C. Code of Laws 56-5-760. - Correct Answers -The driver can disregard regulations
governing speed, direction of movement, and traffic signals, but only if it doesn't
endanger other citizens.
Recognize the circumstances where deadly force is authorized and the facts that
determine if the use
of deadly force against a fleeing vehicle is constitutional as set forth in Brower v. County
of Inyo, Scott v. Harris, and Plumhoff v. Rickard. - Correct Answers -Deadly force
against a vehicle is allowed if it is necessary to stop the suspect from endangering
bystanders or officers.
Identify the checkpoint safety considerations as illustrated in Reed v. Medlin. - Correct
Answers -Checkpoints need to be set up in an area allowing for a turn-around and have
, plenty of notification for drivers. It cannot fully block a road or be set in a blind curve or
hill.
Identify what City of Canton, Ohio v. Harris says about municipal liability for failure to
train. - Correct Answers -Municipalities can be held liable based on policies of
inadequate training where the policies show deliberate indifference to the rights of the
people.
Summons and Complaint - Correct Answers -A writ or process commencing the
plaintiff's lawsuit.
Subpeona - Correct Answers -A writ commanding a person to appear before a court.
Notice of Hearing - Correct Answers -A notice advising a party of the date, time, and
place of hearing.
Restraining Order - Correct Answers -An order in the nature of an injunction.
Claim and Delivery - Correct Answers -A claim for recovery of specific personal
property.
Eviction - Correct Answers -Dispossession by process of law.
Articulate the jurisdiction of Family Court. - Correct Answers -Domestic or family
relationships
Articulate the jurisdiction of Probate Court. - Correct Answers -Wills, estates, guardian
ad litem, and mental competency
Identify the concept of expectation of privacy as it pertains to vehicles and the impact
"probable cause" has on that expectation. - Correct Answers -Vehicles carry a reduced
expectation of privacy, thus, if there is probable cause of the presence of contraband or
evidence, a vehicle may be searched, even without a warrant.
Identify the concept of inventory as it pertains to vehicles. - Correct Answers -It permits
officers to make a warrantless seizure of contraband or other evidence. It is based on 3
primary interests: Protecting the vehicle owner's property, protecting officers against
claims of theft and damage, and protecting against dangerous instrumentalities.
Identify the threshold requirements for emergency searches. - Correct Answers -To
protect life and safety, established warrant exceptions including search incident o arrest,
hot pursuit, stop and frisk, automobile exceptions, plain view doctrine, and consent, as
well as the preservation of evidence.
Articulate the jurisdiction of Masters in Equity Court. - Correct Answers -Referrals from
circuit court, foreclosure, partition of property, and guardian ad litem.
