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Updates
Jan. 18, 2026—The Katz Test’s Flexibility U.S. v. Chatrie – insert after page 77 Arrest Warrants v. Search Warrants ICE Memo on Home Entries with Administrative Warrants (Orin Kerr) – insert after page 139 Mass Stop and Frisk Reasonable Suspicion and ICE – insert after page 211 Exigent Circumstances Case v. Montana – insert after page 241
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Jan. 16, 2026—There is no excerpt because this is a protected post.
New Rule 707 – effective December 1, 2027
Oct. 21, 2025—Rule 707. Machine-Generated Evidence When machine-generated evidence is offered without an expert witness and would be subject to Rule 702 if testified to by a witness, the court may admit the evidence only if it satisfies the requirements of Rule 702(a)-(d). This rule does not apply to the output of simple scientific instruments. Proposed Committee...
Proposed Amendment to Rule 609 – effective December 1, 2027
Oct. 21, 2025—Rule 609. Impeachment by Evidence of a Criminal Conviction (a) In General. The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction: (1) for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence: (A) must be admitted,...
Proposed Rule 801(d)(1)(A) – effective December 1, 2026
Oct. 21, 2025—Rule 801. Definitions That Apply to This Article; Exclusions from Hearsay * * * * (d) Statements That Are Not Hearsay. A statement that meets the following conditions is not hearsay: (1) A Declarant-Witness’s Prior Statement. The declarant testifies and is subject to cross-examination about a prior statement, and the statement: (A) is inconsistent with the...
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Oct. 15, 2025—There is no excerpt because this is a protected post.