The technical definition of relevance in Federal Rule of Evidence 401 and in comparable State rules provides that evidence is "relevant" only if the evidence increases or decreases the probability of a fact that is "of consequence to the determination of the action."

Tanberg v. Sholtis, 401 F.3d 1151, 1167-1170 (10th Cir. 2005) (holding, in plaintiffs' action against police officer for false arrest, use of excessive force, and assault and battery, that evidence of police officer's other acts was inadmissible where (1) "plaintiffs have failed to establish the relevance...Evidence of a criminal or wrongful act apart from the act that at issue at trial Is not barred by the prohibition against circumstantial use of character if intent, knowledge, mistake, or accident is a legally-material factual issue, the opposing party suggests the non-existence of knowledge or urges mistake or accident as a defense, and evidence of another crime, wrong, or act is offered to prove the knowledge or the absence of mistake or accident by a criminal defendant or other person.

United States v. Higgs, 353 F.3d 281, 311-312 (4th Cir. 2003) (upholding trial court's admission into evidence of accused's participation in the Chaconia nightclub shooting where it "served the necessary function of....Evidence of another crime, wrong, or act is not barred by the prohibition against circumstantial use of character if such other crime, wrong, or act is offered to prove identity.

United States v. Romero-Cruz, 201 F.3d 374, 377 (5th Cir. 2000) (on appeal court rejected criminal defendant's thesis that the government's deportation of the alien witnesses without permitting interviews violated his....The exclusion of exculpatory evidence in a criminal trial does not violate the constitutional right to present a defense and is not constitutionally arbitrary or disproportionate if the excluded evidence either is immaterial or has very little or no probative value.