The following excerpt is from Trahan v. City of Oakland, 960 F.2d 152 (9th Cir. 1992):
We hold that the district court was correct in holding that the evidence was inadmissible on the federal law claim. Because intent is not an element of the Fourth Amendment claim, prong four of the Bailleaux test precludes the admission of the evidence of other acts. See United States v. Bailleaux, 685 F.2d 1105, 1110 (9th Cir.1982) ("[T]he prior conduct must be introduced to prove an element of the charged offense that is a material issue in the case."). 1
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