What is the test for a claim under the Fourth Amendment to be brought against a governmental actor for improper search and seizure of a plaintiff's electronic records?

However, where a specific constitutional right provides a source of protection against certain types of governmental conduct, claims alleging such conduct must be analyzed as a violation of the specific constitutional right rather than as a violation of the more generalized right to substantive due process. Patel v. Penman, 103 F.3d 868, 874 (9th Cir. 1996). Thus, as discussed next, if the conduct at issue occurred during a seizure of the plaintiff by a governmental actor, the claim must be brought under the Fourth Amendment.