What constitutes "flagrant misbehavior" in the context of a motion to dismiss a criminal charge without prejudice?

MultiRegion, United States of America

The following excerpt is from United States v. Garcia-Andrade, CASE NO. 13-CR-993-IEG (S.D. Cal. 2013):

"[A]ccidental or merely negligent governmental conduct is insufficient to establish flagrant behavior." Chapman, 524 F.3d at 1085. However, "flagrant misbehavior" may include "reckless disregard for the prosecution's constitutional obligations." Id. "Dismissal with prejudice may also be appropriate when the dismissal results from the government's carelessness." United States v. Barraza-Lopez, 659 F.3d 1216, 1222 (9th Cir. 2011) (in the context of prosecutors dismissing charges without prejudice, and later refiling to restart the 30-day clock).

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