US EditionJudge throws out evidence against South Okanagan prolific offender after police violate his rights
- A B.C. Supreme Court judge excluded evidence against Andrew Robert Hardenstine that was obtained following his detention by police in Okanagan Falls on April 5, 2024, ruling that his Charter rights had been violated.
- The stop followed an unreliable tip and was deemed arbitrary, lacking grounds beyond identifying Hardenstine, with the police knowing they had no authority for investigative detention.
- During the arrest, Hardenstine resisted and was subjected to excessive force, including being tazed ten times and physically assaulted, while officers seized firearms and the vehicle.
- Justice Eric Gottardi found that the arbitrary detention and use of excessive force breached Hardenstine's Charter rights, criticizing the police conduct for showing multiple violations and a serious disregard for those rights.
- Although all seized evidence has been excluded due to Charter violations, the charges—including firearms offenses and assaulting a peace officer—are still active and can move forward to trial despite the absence of this physical evidence.
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Judge rules RCMP officer’s breached prolific offenders Charter rights during violent arrest
A veteran judge has ruled that one of the South Okanagan’s most notorious prolific offenders had his Charter rights violated during a violent police stop in Okanagan Falls in April 2024.
·Niagara Falls, Canada
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Judge throws out evidence against South Okanagan prolific offender after police violate his rights
A B.C. Supreme Court judge threw out evidence against a South Okanagan prolific offender, ruling it was collected in violation of his rights. Andrew Robert Hardenstine was facing nine charges, including illegally possessing a firearm and assaulting a peace officer in relation to an arrest in April 2...
·Kelowna, Canada
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Leaning Left9Leaning Right1Center1Last UpdatedBias Distribution82% Left
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