Event Classification and Offence Recognition
In order to enter any investigation in either the tactical or the strategic response mode, an
investigator must engage their thinking processes and make decisions about the event they are
confronting. Is it an active event in progress that requires immediate and decisive tactical actions;
or is it an inactive event where a less urgent, slower, and more strategic approach can be taken?
This slower and more considered approach is the strategic investigative response, and the
situational elements of this approach will be discussed in detail later in this chapter. Thinking
about these situational elements of active event or inactive event is call event classification.
Considering the possible crime being committed in the event is called “offence recognition”, and
this recognition of a specific offence activates the investigator’s thinking to look for the evidence
that supports the elements of that recognized offence.
Classifying the Event as Either an Active Event or an Inactive Event
For each of these classifications of active event or inactive event, the investigator has some
different legal authorities to put into action, as well as some immediate responsibilities for the
protection, collection, and preservation of evidence. When attending the scene of any reported
event, the investigator should assume that the event is active until it has been established to be
inactive.
In many cases, an event can be re-classified as an inactive event when it is determined that the
suspect has left the scene of the event, or the event has concluded by the suspect being arrested.
In cases where the suspect is still at the scene of an active event, the investigator needs to be
thinking about the possibility of detaining the suspect or making an arrest of that suspect for an
offence in progress. To make that detention or arrest, the investigator should be thinking about
what possible offence they are being called to investigate by the initial complaint, and also by the
evidence they are seeing and hearing upon arrival.
The classification of active event or inactive event is critical. It is a distinction that will guide an
officer to determine what powers of detention, arrest, use of force, entry to property, and search
may be relied upon to take action. The defining elements between active event and inactive event
are:
An Active Event
1. The criminal act is or may still be in progress at the scene.
2. The suspect is or may still be at the scene of the event.
3. The situation is, or may be, a danger to the life or safety of a person, including the
life or safety of attending police officers.
An Inactive Event
1. The criminal act has concluded at the scene.
2. The suspect or suspects have left the scene or have been arrested or detained.
3. The situation at the scene no longer represents a danger to the life or safety of a person,
including police officers.
Threat vs Action Analysis Dilemma
The critical elements of this Threat vs. Action Analysis Dilemma were demonstrated in what
became known as “Active Shooter calls” flowing from the incident at Columbine High School in
1999 (Police Executive Research Forum, 2014). In this incident, two armed teenagers went on a
shooting spree in the high school killing 13 people and wounding 20 others before turning their
weapons on themselves and committing suicide. Officers responding to that call followed
departmental protocols of that era. These protocols dictated they should wait for the arrival of
their Emergency Response Team in events where armed suspect confrontations were taking
place. The fact that these first responders waited despite ongoing killing taking place inside the
high school led to a determination that police have a duty to take action in such cases, and
waiting is not the correct response. As a result of these determinations, active shooter response
protocols were adopted across North America and police agencies re-trained their personnel to
respond to active shooters with more immediate action and strategies to enter and confront the
shooters in order to protect lives of possible victims.
The Threat vs. Action Analysis Dilemma response protocols in the active shooter response
situations now provide the standard or benchmark that a responding officer must consider when
faced with the decision to enter a dangerous situation alone and take action, or to wait for back-
up before entering to take action. For active shooter situations, the protocols across North
America are now prescribed responses, where responding officers are trained to enter and
confront with minimal back-up. That said, not every potentially dangerous Threat vs. Action
Analysis Dilemma is going to be an active shooter. Responding officers will often be faced with
other calls where danger exists to the safety of persons and the decision to enter or wait for back-
up must still be made. In these cases, the responding officer must weigh the available
information and respond or wait for back-up per their own threat vs risk assessment of the facts.
The active shooter protocols have provided something of a calibration to this analysis where
extreme ongoing threat to life and safety of person equals high duty and high expectation to take
action.
Rules of Engagement for an Active Event or an Inactive Event
Police officers may be called to action by many different means. It may be a radio dispatch 911
call to attend an emergency, a citizen flagging down the passing police car to report an incident,
or an officer coming upon a crime in progress. Whatever the means of being called to action, this
is the first step of the police officer becoming engaged in a thinking process to gather and
evaluate information, make decisions, and take action. The first step of this thinking process for
the investigator is to make the evaluation and ask the questions:
1. Is this an Active Event requiring a Tactical Investigative Response?
2. Is this an Inactive Event requiring a Strategic Investigative Response?
As a subsequent part of this evaluation determining an Active Event or Inactive Event, the
investigator should also be alert to the type crime being encountered. For example, is it an
assault, a robbery, or a theft? From the perspective of police tactical investigative response, an
investigator confronted with an active event must first assess the threat level. Is there a danger to
the life or safety of persons that would require a Level One Priority Result, taking immediate
action to protect life and safety of persons, including the life and safety of attending police
officers?
In assessing these threat levels to life and safety, police are often faced with very limited
information. Sometimes there is only a possible threat, or an implied threat to the life or safety of
persons. In such cases, it is only necessary for the police to suspect that there is a threat to the life
or safety of a person to evoke the extended powers provided by exigent circumstances. In these
cases of implied threats, police are authorized to rely on the powers afforded by exigent
circumstances to enter private property without a warrant and to detain and search suspects who
may present a danger. These are significant powers and an investigator must be aware that if they
use these powers, there is a strong possibility they will later be called upon to justify the exercise
of those powers. Let us consider that section of the Criminal Code that authorizes officers to
enter a dwelling without a warrant, and then apply that understanding to some scenarios:
More on Offence Recognition
At the same time the event is being classified as either active event or inactive event, the
investigator should be engaging in the thinking process of offence recognition. In other words,
what offence is being reported or what is the offence being observed in the fact pattern that is
unfolding? With this offence recognition, the investigator will begin to assemble a mental
inventory of the evidence and information that will be required to support the recognized
offence(s). Having an offence in mind, the investigator will also begin to consider their range of
powers and authorities that can be used under the law regarding that offence. The investigator
will ask them self;
• Is this a summary conviction offence where the suspect must be found committing to justify
an arrest?
• Or, is it an indictable or dual procedure offence where there is direct evidence or
strong circumstantial evidence to support an arrest?
If the investigator determines that they are attending to an Active Event and their offence
recognition suggests that there may be a danger to the life or safety of a person, such as assault
causing bodily harm, they will know that they need only find evidence to form reasonable
grounds to believe in order to make an arrest. As part of attendance to the scene of the event, the
investigator should be classifying the location to determine what their legal requirements are for
their authority to enter. Consideration of the possible authorities to enter private property would
include:
• Consent of the property owner
• Section 487 CCC warrant to search
• Exigent circumstances to suspect a need to protect the life or safety of a person
• Exigent circumstance with reasonable grounds to believe there will be a destruction of
evidence of an indictable offence
• Fresh pursuit of a suspect found committing an offence
If the investigator arrives at the scene where a suspect is immediately apparent, the investigator
can make an immediate detention or perhaps even an arrest. The investigator may rely on the
Section 529 (2) of the Criminal Code of Canada (1985) under exigent circumstance to enter
private property without a warrant to make the arrest and ensure the safety of persons at the
scene. If the investigator makes an arrest after forming reasonable grounds for belief, they are
required by the Canadian Charter of Rights and Freedoms to tell the suspect what offence they
are being arrested for.
Response Transition Matrix (RTM)
The RTM is a matrix tool to illustrate the considerations for police response when considering
the authorities and issues to escalate or de-escalate from a Tactical Investigative Response to
Strategic Investigative Response. Considering the following questions will help an investigator
to identify an event as either a Tactical Investigative Response or a Strategic Investigative
Response:
1. Is the event active or inactive?
2. What offence(s) is possibly occurring?
3. Do I suspect an implicit or explicit danger to the life or safety of a person?
4. Do I have reasonable grounds to believe evidence of an indictable offence will be lost or
destroyed?
5. What immediate actions can be taken to protect the life or safety of persons?
6. What immediate action can be taken to protect evidence, without compromising life or
safety?
7. Have life and safety issues been resolved, and should the change be made from
Tactical Investigative Response to Strategic Investigative Response?
The Canadian Charter of Rights and Freedoms, the Criminal Code, and common law authorities
provide police with both powers to act and limitations to taking action. In the Canadian justice
system, both statutory law and case law have evolved to establish a range of authorities and
police powers that allow rapid response at the more dangerous end of the matrix, and more time-
consuming restrictions to act at the less threatening end of the matrix. The chart below illustrates
the duty to act, the authority to act, and the priorities for action to consider.