What is the test for a claim for arrest without probable cause under the Fourth Amendment rather than the Fourteenth Amendment?
MultiRegion, United States of America
The following excerpt is from Gilles v. California, Case No.: 19-cv-1075-WQH-KSC (S.D. Cal. 2019):
"Where a particular Amendment provides an explicit textual source of constitutional protection against a particular sort of government behavior, that Amendment, not the more generalized notion of substantive due process, must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266, 273 (1994) (quotation omitted); see id. (analyzing a claim for an arrest without probable cause under the Fourth rather than Fourteenth Amendment).
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