What is the test for substantive due process under the Fourth Amendment?

MultiRegion, United States of America

The following excerpt is from Southerland v. City of New York, Docket No. 07-4449-cv (L), Docket No. 07-4450-cv (CON) (2nd Cir. 2012):

Tenenbaum, 193 F.3d at 599 (brackets and internal quotation marks omitted). We said that "'[s]ubstantive due process analysis is . . . inappropriate . . . if [the] claim is covered by the Fourth Amendment.'" Id. at 600 (quoting Lewis, 523 U.S. at 843) (second brackets in original; other internal quotation marks omitted). We then concluded that the daughter's "removal and her examination constituted a seizure and search, respectively, under the Fourth Amendment," id., and that her claim "therefore 'must be analyzed under the standard appropriate to [the Fourth Amendment], not under the rubric of substantive due process.'" Id. (quoting United States v. Lanier, 520 U.S. 259, 272 n.7 (1997)).29

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