Freedom of Travel Law and Legal Definition

Freedom of travel and a citizen's freedom to travel from state to state is a fundamental right that can legally restricted only in the narrowest of circumstances. Interstate travel is a basic right under the Constitution, which can be held to be a "seizure" within the meaning of the Fourth Amendment. The Fourth Amendment requires a judicial determination of probable cause as a prerequisite to extended restraint of liberty following arrest. The accused's freedom to travel while on pretrial release may be made by the state to restrict a properly accused citizen's constitutional right to travel outside of the state as a condition of his pretrial release, and may order him to make periodic court appearances. Such conditions are appropriately viewed as seizures within the meaning of the Fourth Amendment, and allowable as long as there is probable cause for the seizure.