CA5: 4A generally only applies to pretrial govt activities

The Fourth Amendment only applies to pretrial alleged constitutional deprivations. Trial related constraints are not Fourth Amendment issues. United States v. Emakoji, 2021 U.S. App. LEXIS 6843 (5th Cir. Mar. 9, 2021):

In the context of criminal prosecutions, the Supreme Court has rejected substantive due process claims about deprivations of liberty interests, noting instead “the Fourth Amendment’s relevance to the deprivations of liberty that go hand in hand with criminal prosecutions.” Albright v. Oliver, 510 U.S. 266, 274, 114 S. Ct. 807, 127 L. Ed. 2d 114 (1994). In her concurring opinion in Albright, Justice Ginsburg “suggest[ed] that various constraints such as travel restrictions and required attendance at pretrial hearings might constitute a seizure and thereby extend the [Fourth] Amendment’s reach toward trial.” Castellano v. Fragozo, 352 F.3d 939, 959 (5th Cir. 2003) (en banc); see also Albright, 510 U.S. at 278 (Ginsburg, J., concurring). Regardless, we have noted that Justice Ginsburg’s opinion “did not attract support in Albright,” and our circuit has thus “adhere[d] to the view that the umbrella of the Fourth Amendment, broad and powerful as it is, casts its protection solely over the pretrial events of a prosecution.” Castellano, 352 F.3d at 959. Thus, to the extent that Emakoji raises substantive due process or Fourth Amendment arguments about his right to travel, both fail.