What is the test for admitting evidence of prior criminal activity at trial?

This rule codifies prior case law. See Parker v. United States, 400 F.2d 248, 252 (9 Cir.), cert. denied, 393 U.S. 1097, 89 S.Ct. 892, 21 L.Ed.2d 789 (1968).

The rule represents one of inclusion which admits evidence of other crimes or acts relevant to an issue in the trial, except where it tends to prove only criminal disposition. United States v. Riggins, 539 F.2d 682, 683 (9 Cir. 1976). The question on appeal is whether the district court abused its discretion when it decided that the tendency of the evidence in question to prove the essential elements of knowledge and intent outweighed its potential prejudice. United States v. Perez, 491 F.2d 167, 172 (9 Cir.), cert. denied, 419 U.S. 858, 95 S.Ct. 106, 42 L.Ed.2d 92 (1974).

This case is nearly identical to United States v. Castro, 464 F.2d 336 (9 Cir. 1972), cert. denied, 410 U.S. 916, 93 S.Ct. 971, 35 L.Ed.2d 278 (1973). Appellant in that case was arrested for importation of marijuana. At trial, the government introduced evidence of a prior arrest and acquittal for importation of marijuana. In both trials, the defendant claimed to be driving the vehicle containing the marijuana for money, but denied knowing about the contraband. He was convicted in the second trial.

This court affirmed. It concluded that the relevance and probative value of the evidence of the prior event, to show knowledge and intent, outweighed the admittedly prejudicial impact of its introduction. Hence the court found no abuse of discretion by the district court. 464 F.2d at 337. We agree with this conclusion. See also Hernandez v. United States, 370 F.2d 171, 173-74 (9 Cir. 1966).