What is the test for substantive due process under the Fourteenth Amendment and what are the implications of this?

Procedural due process requires, at a minimum, notice and an opportunity to be heard. Goss v. Lopez, 419 U.S. 565, 579 (1975). However, a due process claim is not cognizable when the deprivation concerns property and the state provides adequate post-deprivation remedies to protect a plaintiff's procedural due process rights. Hudson v. Palmer, 468 U.S. 517, 533 (1984) (holding that deprivations of property do not violate the Due Process Clause of the Fourteenth Amendment if a meaningful post-deprivation remedy for the loss is available because "the state's action is not complete until and unless it provides or refuses to provide a suitable post-deprivation remedy").

Substantive due process refers to certain actions that the government may not engage in, no matter how many procedural safeguards it employs. See County of Sacramento v. Lewis, 523 U.S. 833, 847 (1998); Blaylock v. Schwinden, 862 F.2d 1352, 1354 (9th Cir.1988). "The protections of substantive due process have for the most part been accorded to matters relating to marriage, family, procreation, and the right to bodily integrity." Albright v. Oliver, 510 U.S. 266, 272 (1994). There is no recognized substantive right under the Due Process Clause of the Fourteenth Amendment to be free from criminal prosecution except upon probable cause. Id. Furthermore, "[w]here 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

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claims.'" Id. at 273 (citing Graham v. Connor, 490 U.S. 386, 395 (1989)). Thus, the constitutionality of an arrest may be challenged only under the Fourth Amendment. Id. at 274 ("The Framers [of the Bill of Rights] considered the matter of pretrial deprivations of liberty and drafted the Fourth Amendment to address it.).