National Treasury Employee Union v. Von Raab

Dissent

Searches without probable cause are not justifiable. The intrusiveness of the Custom Service's drug testing plan was offensive to personal dignity.

Decision

The drug test is constitutional under the 4th Amendment because customs personnel are the country's "first line of defense" against drug smugglers and they are exposed to a sometimes aggressive criminal element, places them in a unique and important position in which they have a diminished expectation of privacy. The government has a substantial interest in requiring drug testing for customs employees.

Situation

United States Customs Service implemented a drug testing program for certain employees who either carry firearms, are involved in intercepting drugs as they enter the country, or are in high level positions involving classified information.

Question

When are drug tests (a search and seizure) by government agencies reasonable?