{"id":63573,"date":"2026-03-16T13:32:00","date_gmt":"2026-03-16T18:32:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63573"},"modified":"2026-03-16T14:33:54","modified_gmt":"2026-03-16T19:33:54","slug":"n-d-ga-a-franks-violation-isnt-shown-to-be-reckless-just-because-a-factual-mistake-was-repeated","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63573","title":{"rendered":"N.D.Ga.: A Franks violation isn&#8217;t shown to be reckless just because a factual mistake was repeated"},"content":{"rendered":"\n<p>\u201cIn his objections, Marshall adds other points to his substantial showing argument. First he argues recklessness can be inferred from the fact the agent made the same mistake twice: in the warrant affidavit and when interviewing Marshall \u2018to convince him to confess.\u2019 \u2026 The Court does not agree. She obtained the warrant the day before arresting and interviewing Marshall. That she had the same misinformation in her head two days in a row does not suggest intentionality or recklessness on either occasion. Perhaps Marshall&#8217;s argument makes more sense if one believes she was trying to convince him to confess by misleading him. But, as stated above, the audio tape of that interaction does not support his allegation. Special Agent Dervish was not hostile or disrespectful to Marshall, overly aggressive in challenging his statement, or feeding him false information throughout the interview. Her demeanor in the interview\u2014calm and professional\u2014 supports the Court&#8217;s conclusion that no evidence suggests she intentionally or recklessly misrepresented the IP address.\u201d United States v. Marshall, 2026 U.S. Dist. LEXIS 51939 (N.D. Ga. Mar. 13, 2026).<\/p>\n\n\n\n<p>Wisconsin DOC violates those on extended supervision on GPS monitoring when the signal stops without even inquiring whether there was equipment failure or other benign cause. The court certifies the proposed class. Robillard v. Knutson, 2026 U.S. Dist. LEXIS 52203 (E.D. Wis. Mar. 13, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cIn his objections, Marshall adds other points to his substantial showing argument. First he argues recklessness can be inferred from the fact the agent made the same mistake twice: in the warrant affidavit and when interviewing Marshall \u2018to convince him &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=63573\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,58],"tags":[],"class_list":["post-63573","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-probationparole-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63573","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=63573"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63573\/revisions"}],"predecessor-version":[{"id":63574,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63573\/revisions\/63574"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63573"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63573"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63573"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}