276
Ginsburg, J., concurring
443, 470-471 (1993) (Scalia, J., concurring). As I have acknowledged, however, see Michael H. v. Gerald D., 491 U. S. 110, 121 (1989) (opinion of Scalia, J.), this Court's current jurisprudence is otherwise. But that jurisprudence rejects "the more generalized notion of 'substantive due process' " at least to this extent: It cannot be used to impose additional requirements upon such of the States' criminal processes as are already addressed (and left without such requirements) by the Bill of Rights. Graham v. Connor, 490 U. S. 386, 395 (1989). That proscription applies here. The Bill of Rights sets forth, in the Fifth and Sixth Amendments, procedural guarantees relating to the period before and during trial, including a guarantee (the Grand Jury Clause) regarding the manner of indictment. Those requirements are not to be supplemented through the device of "substantive due process."
For these reasons, in addition to those set forth by The Chief Justice, the judgment here should be affirmed.
Justice Ginsburg, concurring.
I agree with the plurality that Albright's claim against the police officer responsible for his arrest is properly analyzed under the Fourth Amendment rather than under the heading of substantive due process. See ante, at 271. I therefore join the plurality opinion and write separately to indicate more particularly my reasons for viewing this case through a Fourth Amendment lens.
Albright's factual allegations convey that Detective Oliver notoriously disobeyed the injunction against unreasonable seizures imposed on police officers by the Fourth Amendment, and Albright appropriately invoked that Amendment as a basis for his claim. See App. to Pet. for Cert. A-37, A-53. Albright's submission to arrest unquestionably constituted a seizure for purposes of the Fourth Amendment. See ante, at 271. And, as the Court of Appeals recognized, if the facts were as Albright alleged, then Oliver lacked cause
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