treasury
employees
von
raab
argued
november
decided
march
customs
service
primary
enforcement
mission
interdiction
seizure
illegal
drugs
smuggled
country
implemented
program
requiring
urinalysis
tests
service
employees
seeking
transfer
promotion
positions
direct
involvement
drug
interdiction
requiring
incumbent
carry
firearms
handle
classified
material
among
things
program
requires
applicant
notified
selection
contingent
upon
successful
completion
drug
screening
sets
forth
procedures
collection
analysis
requisite
samples
procedures
designed
ensure
adulteration
substitution
specimens
limit
intrusion
employee
privacy
provides
test
results
may
turned
agency
including
criminal
prosecutors
without
employee
written
consent
petitioners
federal
employees
union
one
officials
filed
suit
behalf
service
employees
seeking
covered
positions
alleging
program
violated
inter
alia
fourth
amendment
district
agreed
enjoined
program
appeals
vacated
injunction
holding
although
program
effects
search
within
meaning
fourth
amendment
searches
reasonable
light
limited
scope
service
strong
interest
detecting
drug
use
among
employees
covered
positions
held
government
requires
employees
produce
urine
samples
analyzed
evidence
illegal
drug
use
collection
subsequent
chemical
analysis
samples
searches
must
meet
reasonableness
requirement
fourth
amendment
cf
skinner
railway
labor
executives
ante
however
service
testing
program
designed
serve
ordinary
needs
law
enforcement
test
results
may
used
criminal
prosecution
without
employee
consent
purposes
program
deter
drug
use
among
eligible
promotion
sensitive
positions
prevent
promotion
drug
users
positions
public
interest
program
must
balanced
individual
privacy
concerns
implicated
tests
determine
whether
warrant
probable
cause
level
individualized
suspicion
required
particular
context
railway
labor
executives
ante
pp
warrant
required
balance
privacy
governmental
interests
context
case
requirement
serve
divert
valuable
agency
resources
service
primary
mission
compromised
warrants
necessary
connection
routine
yet
sensitive
employment
decisions
furthermore
warrant
provide
little
additional
protection
personal
privacy
since
service
program
defines
narrowly
specifically
circumstances
justifying
testing
permissible
limits
intrusions
affected
employees
know
must
tested
aware
testing
procedures
service
must
follow
subject
discretion
officials
field
special
facts
neutral
magistrate
evaluate
implementation
testing
process
becomes
automatic
employee
pursues
covered
position
pp
service
testing
employees
apply
promotion
positions
directly
involving
interdiction
illegal
drugs
positions
require
incumbent
carry
firearms
reasonable
despite
absence
requirement
probable
cause
level
individualized
suspicion
pp
light
evidence
demonstrating
national
crisis
law
enforcement
caused
smuggling
illicit
narcotics
government
compelling
interest
ensuring
interdiction
personnel
physically
fit
unimpeachable
integrity
judgment
also
compelling
interest
preventing
risk
life
citizenry
posed
potential
use
deadly
force
persons
suffering
impaired
perception
judgment
governmental
interests
outweigh
privacy
interests
seeking
promotion
positions
diminished
expectation
privacy
respect
intrusions
occasioned
urine
test
virtue
special
obvious
physical
ethical
demands
positions
pp
petitioners
contention
testing
program
unreasonable
based
belief
testing
reveal
drug
use
covered
employees
evinces
unduly
narrow
view
context
program
implemented
although
motivated
perceived
drug
problem
among
service
employees
program
nevertheless
justified
extraordinary
safety
national
security
hazards
attend
promotion
drug
users
sensitive
positions
question
moreover
mere
circumstance
employees
tested
innocent
impugn
program
validity
since
designed
prevent
substantial
harm
caused
promotion
drug
users
much
designed
detect
actual
drug
use
pp
also
unpersuasive
petitioners
contention
program
sufficiently
productive
mechanism
justify
intrusion
fourth
amendment
interests
illegal
drug
users
easily
avoid
detection
temporary
abstinence
surreptitious
adulteration
urine
specimens
addicts
may
unable
abstain
even
limited
period
may
unaware
effect
certain
drugs
importantly
since
particular
employee
pattern
elimination
given
drug
predicted
perfect
accuracy
may
extend
long
days
since
information
likely
known
available
employee
event
reasonably
expect
deceive
test
abstaining
test
date
assigned
expect
attempts
adulteration
succeed
view
precautions
built
program
ensure
integrity
sample
pp
record
inadequate
purpose
determining
whether
service
testing
apply
promotion
positions
handle
classified
information
reasonable
since
clear
whether
persons
occupying
particular
positions
apparently
subject
testing
likely
gain
access
sensitive
information
remand
appeals
examine
criteria
used
service
determining
materials
classified
deciding
test
rubric
assessing
reasonableness
requiring
tests
employees
consider
pertinent
information
bearing
upon
privacy
expectations
supervision
already
subject
pp
kennedy
delivered
opinion
rehnquist
white
blackmun
joined
marshall
filed
dissenting
opinion
brennan
joined
post
scalia
filed
dissenting
opinion
stevens
joined
post
lois
williams
argued
cause
petitioners
briefs
elaine
kaplan
solicitor
general
fried
argued
cause
respondent
brief
assistant
attorney
general
bolton
deputy
solicitor
general
merrill
deputy
assistant
attorneys
general
spears
cynkar
lawrence
robbins
leonard
schaitman
robert
zener
james
anderson
briefs
amici
curiae
urging
reversal
filed
american
civil
liberties
union
et
al
stephen
sachs
carl
willner
john
powell
steven
shapiro
arthur
spitzer
elizabeth
symonds
american
federation
labor
congress
industrial
organizations
et
al
joe
goldberg
david
silberman
laurence
gold
edward
hickey
thomas
woodley
richard
kirschner
coalition
california
utility
workers
glenn
rothner
fraternal
order
police
grand
lodge
james
phillips
john
fisher
new
jersey
state
lodge
fraternal
order
police
jay
rubenstein
janemary
belsole
stuart
reiser
briefs
amici
curiae
urging
affirmance
filed
california
employment
law
council
paul
grossman
college
american
pathologists
jack
bierig
equal
employment
advisory
council
robert
williams
douglas
mcdowell
stephen
yohay
garen
dodge
pharmchem
laboratories
et
al
nelson
dong
washington
legal
foundation
et
al
daniel
popeo
paul
kamenar
vicki
marani
briefs
amici
curiae
filed
chamber
commerce
america
paul
friedman
stephen
bokat
pacific
legal
foundation
ronald
zumbrun
anthony
caso
justice
kennedy
delivered
opinion
granted
certiorari
decide
whether
violates
fourth
amendment
customs
service
require
urinalysis
test
employees
seek
transfer
promotion
certain
positions
customs
service
bureau
department
treasury
federal
agency
responsible
processing
persons
carriers
cargo
mail
collecting
revenue
imports
enforcing
customs
related
laws
see
customs
service
customs
fiscal
year
important
responsibility
service
interdiction
seizure
contraband
including
illegal
drugs
ibid
alone
customs
agents
seized
drugs
retail
value
nearly
billion
see
customs
service
customs
fiscal
year
routine
discharge
duties
many
customs
employees
direct
contact
traffic
drugs
profit
drug
import
operations
often
directed
sophisticated
criminal
syndicates
mendenhall
powell
concurring
may
effected
violence
threat
necessary
response
many
customs
operatives
carry
use
firearms
connection
official
duties
app
december
respondent
commissioner
customs
established
drug
screening
task
force
explore
possibility
implementing
program
within
service
extensive
research
consultation
experts
field
task
force
concluded
drug
screening
urinalysis
technologically
reliable
valid
accurate
ibid
citing
conclusion
commissioner
announced
intention
require
drug
tests
employees
applied
occupied
certain
positions
within
service
commissioner
stated
belief
customs
largely
noted
also
unfortunately
segment
society
immune
threat
illegal
drug
use
drug
interdiction
become
agency
primary
enforcement
mission
commissioner
stressed
room
customs
service
break
laws
prohibiting
possession
use
illegal
drugs
ibid
may
commissioner
announced
implementation
program
drug
tests
made
condition
placement
employment
positions
meet
one
three
criteria
first
direct
involvement
drug
interdiction
enforcement
related
laws
activity
commissioner
deemed
fraught
obvious
dangers
mission
agency
lives
customs
agents
second
criterion
requirement
incumbent
carry
firearms
commissioner
concluded
ublic
safety
demands
employees
carry
deadly
arms
prepared
make
instant
life
death
decisions
drug
free
third
criterion
requirement
incumbent
handle
classified
material
commissioner
determined
might
fall
hands
smugglers
accessible
employees
reason
illegal
drug
use
susceptible
bribery
blackmail
employee
qualifies
position
covered
customs
testing
program
service
advises
letter
final
selection
contingent
upon
successful
completion
drug
screening
independent
contractor
contacts
employee
fix
time
place
collecting
sample
reporting
test
employee
must
produce
photographic
identification
remove
outer
garments
coat
jacket
personal
belongings
employee
may
produce
sample
behind
partition
privacy
bathroom
stall
chooses
ensure
adulteration
specimen
substitution
sample
another
person
monitor
sex
employee
remains
close
hand
listen
normal
sounds
urination
dye
added
toilet
water
prevent
employee
using
water
adulterate
sample
upon
receiving
specimen
monitor
inspects
ensure
proper
temperature
color
places
custody
seal
container
affixes
identification
label
indicating
date
individual
specimen
number
employee
signs
form
initialed
monitor
urine
sample
placed
plastic
bag
sealed
submitted
laboratory
laboratory
tests
sample
presence
marijuana
cocaine
opiates
amphetamines
phencyclidine
two
tests
used
initial
screening
test
uses
technique
emit
specimen
identified
positive
initial
test
must
confirmed
using
gas
spectrometry
confirmed
positive
results
reported
medical
review
officer
licensed
physician
knowledge
substance
abuse
disorders
appropriate
medical
training
interpret
evaluate
individual
positive
test
result
together
medical
history
relevant
biomedical
information
hhs
reg
fed
reg
hhs
reg
fed
verifying
positive
result
medical
review
officer
transmits
agency
customs
employees
test
positive
drugs
offer
satisfactory
explanation
subject
dismissal
service
test
results
may
however
turned
agency
including
criminal
prosecutors
without
employee
written
consent
petitioners
union
federal
employees
union
official
commenced
suit
district
eastern
district
louisiana
behalf
current
customs
service
employees
seek
covered
positions
petitioners
alleged
custom
service
program
violated
inter
alia
fourth
amendment
district
agreed
supp
acknowledged
legitimate
governmental
interest
work
place
work
force
concluded
drug
testing
plan
constitutes
overly
intrusive
policy
searches
seizures
without
probable
cause
reasonable
suspicion
violation
legitimate
expectations
privacy
enjoined
program
ordered
customs
service
require
drug
tests
applicants
covered
positions
divided
panel
appeals
fifth
circuit
vacated
injunction
agreed
petitioners
program
requiring
employee
produce
urine
sample
chemical
testing
effects
search
within
meaning
fourth
amendment
held
searches
required
commissioner
directive
reasonable
fourth
amendment
first
noted
service
attempted
minimize
intrusiveness
search
requiring
visual
observation
act
urination
affording
notice
employee
tested
also
considered
significant
program
limits
discretion
determining
employees
tested
noted
tests
aspect
employment
relationship
found
government
strong
interest
detecting
drug
use
among
employees
meet
criteria
customs
program
reasoned
drug
use
covered
employees
casts
substantial
doubt
ability
discharge
duties
honestly
vigorously
undermining
public
confidence
integrity
service
concomitantly
impairing
service
efforts
enforce
drug
laws
ibid
illicit
drug
users
found
susceptible
bribery
blackmail
may
tempted
divert
use
portions
drug
shipments
interdict
may
required
carry
firearms
endanger
safety
fellow
agents
well
performance
impaired
drug
use
ibid
considering
nature
responsibilities
jobs
applicants
considered
customs
limited
scope
search
stated
exaction
consent
condition
assignment
new
job
unreasonable
dissenting
judge
concluded
customs
program
effective
method
achieving
service
goals
argued
principally
employee
given
five
day
notification
test
date
need
abstain
drug
use
prevent
identified
user
noted
also
persons
already
employed
sensitive
positions
subject
test
ibid
believe
customs
program
achieve
purposes
dissenting
judge
found
unreasonable
fourth
amendment
granted
certiorari
affirm
much
judgment
appeals
upheld
testing
employees
directly
involved
drug
interdiction
required
carry
firearms
vacate
judgment
extent
upheld
testing
applicants
positions
requiring
incumbent
handle
classified
materials
remand
proceedings
ii
skinner
railway
labor
executives
ante
decided
today
held
federal
regulations
requiring
employees
private
railroads
produce
urine
samples
chemical
testing
implicate
fourth
amendment
tests
invade
reasonable
expectations
privacy
earlier
cases
settled
fourth
amendment
protects
individuals
unreasonable
searches
conducted
government
even
government
acts
employer
ortega
plurality
opinion
see
scalia
concurring
judgment
view
holding
railway
labor
executives
urine
tests
searches
follows
customs
service
program
must
meet
reasonableness
requirement
fourth
amendment
often
emphasized
reiterate
today
search
must
supported
general
matter
warrant
issued
upon
probable
cause
see
griffin
wisconsin
karo
decision
railway
labor
executives
reaffirms
longstanding
principle
neither
warrant
probable
cause
indeed
measure
individualized
suspicion
indispensable
component
reasonableness
every
circumstance
ante
see
also
new
jersey
note
railway
labor
executives
cases
establish
fourth
amendment
intrusion
serves
special
governmental
needs
beyond
normal
need
law
enforcement
necessary
balance
individual
privacy
expectations
government
interests
determine
whether
impractical
require
warrant
level
individualized
suspicion
particular
context
ante
clear
customs
service
program
designed
serve
ordinary
needs
law
enforcement
test
results
may
used
criminal
prosecution
employee
without
employee
consent
purposes
program
deter
drug
use
among
eligible
promotion
sensitive
positions
within
service
prevent
promotion
drug
users
positions
substantial
interests
less
government
concern
safe
rail
transportation
issue
railway
labor
executives
present
special
need
may
justify
departure
ordinary
warrant
requirements
petitioners
contend
warrant
required
balance
privacy
governmental
interests
context
contention
withstand
scrutiny
recognized
requiring
government
procure
warrant
every
intrusion
conflict
realization
government
offices
function
every
employment
decision
became
constitutional
matter
ortega
supra
quoting
connick
myers
see
also
scalia
concurring
judgment
new
jersey
supra
noting
warrant
requirement
unsuited
school
environment
requiring
teacher
obtain
warrant
searching
child
suspected
infraction
school
rules
criminal
law
unduly
interfere
maintenance
swift
informal
disciplinary
procedures
needed
schools
even
customs
service
employees
likely
familiar
procedures
required
obtain
warrant
government
workers
requiring
warrant
context
serve
divert
valuable
agency
resources
service
primary
mission
customs
service
entrusted
pressing
responsibilities
mission
compromised
required
seek
search
warrants
connection
routine
yet
sensitive
employment
decisions
furthermore
warrant
provide
little
nothing
way
additional
protection
personal
privacy
warrant
serves
primarily
advise
citizen
intrusion
authorized
law
limited
permissible
scope
interpose
neutral
magistrate
citizen
law
enforcement
officer
engaged
often
competitive
enterprise
ferreting
crime
johnson
present
context
circumstances
justifying
toxicological
testing
permissible
limits
intrusions
defined
narrowly
specifically
doubtless
well
known
covered
employees
ante
customs
program
every
employee
seeks
transfer
covered
position
knows
must
take
drug
test
likewise
aware
procedures
service
must
follow
administering
test
covered
employee
simply
subject
discretion
official
field
camara
municipal
san
francisco
process
becomes
automatic
employee
elects
apply
thereafter
pursue
covered
position
service
make
discretionary
determination
search
based
judgment
certain
conditions
present
simply
special
facts
neutral
magistrate
evaluate
south
dakota
opperman
powell
concurring
even
reasonable
dispense
warrant
requirement
particular
circumstances
search
ordinarily
must
based
probable
cause
ante
cases
teach
however
standard
peculiarly
related
criminal
investigations
colorado
bertine
quoting
south
dakota
opperman
supra
particular
traditional
standard
may
unhelpful
analyzing
reasonableness
routine
administrative
functions
colorado
bertine
supra
see
also
ortega
especially
government
seeks
prevent
development
hazardous
conditions
detect
violations
rarely
generate
articulable
grounds
searching
particular
place
person
cf
camara
municipal
san
francisco
supra
noting
building
code
inspections
unlike
searches
conducted
pursuant
criminal
investigation
designed
prevent
even
unintentional
development
conditions
hazardous
public
health
safety
noting
requiring
particularized
suspicion
routine
stops
major
highways
near
mexican
border
impractical
flow
traffic
tends
heavy
allow
particularized
study
given
car
enable
identified
possible
carrier
illegal
aliens
precedents
settled
certain
limited
circumstances
government
need
discover
latent
hidden
conditions
prevent
development
sufficiently
compelling
justify
intrusion
privacy
entailed
conducting
searches
without
measure
individualized
suspicion
ante
think
government
need
conduct
suspicionless
searches
required
customs
program
outweighs
privacy
interests
employees
engaged
directly
drug
interdiction
otherwise
required
carry
firearms
customs
service
nation
first
line
defense
one
greatest
problems
affecting
health
welfare
population
adverted
veritable
national
crisis
law
enforcement
caused
smuggling
illicit
narcotics
montoya
de
hernandez
see
also
florida
royer
blackmun
dissenting
cases
also
reflect
traffickers
seemingly
inexhaustible
repertoire
deceptive
practices
elaborate
schemes
importing
narcotics
montoya
de
hernandez
supra
ramsey
record
case
confirms
adroit
selection
source
locations
smuggling
routes
increasingly
elaborate
methods
concealment
drug
traffickers
managed
bring
country
increasingly
large
quantities
illegal
drugs
app
record
also
indicates
well
known
drug
smugglers
hesitate
use
violence
protect
lucrative
trade
avoid
apprehension
many
service
employees
often
exposed
criminal
element
controlled
substances
seeks
smuggle
country
ibid
cf
montoya
de
hernandez
supra
physical
safety
employees
may
threatened
many
may
tempted
bribes
traffickers
deal
also
access
vast
sources
valuable
contraband
seized
controlled
service
commissioner
indicated
customs
fficers
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code
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camara
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report
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abandonment
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uses
drugs
significantly
likely
bribed
drug
smuggler
customs
service
employee
wears
diamonds
significantly
likely
bribed
diamond
smuggler
unless
perhaps
addiction
drugs
severe
requires
much
money
maintain
detectable
even
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benefit
urine
test
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customs
officers
use
drugs
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mission
police
officers
exceed
speed
limit
private
cars
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mission
enforcing
traffic
laws
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customs
officer
individual
efforts
irreplaceable
theoretically
affect
availability
drug
supply
prospect
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basis
motivation
finally
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urine
tests
even
marginally
effective
preventing
agents
risking
impaired
perception
judgment
current
knowledge
impaired
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unequal
combat
unimpaired
smugglers
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addiction
severe
urine
test
needed
detection
absent
government
justifications
notably
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revealingly
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far
concerned
dispositively
absent
recitation
even
single
instance
speculated
horribles
actually
occurred
instance
cause
bribetaking
poor
aim
unsympathetic
law
enforcement
compromise
classified
information
drug
use
although
points
several
employees
past
removed
service
accepting
bribes
integrity
violations
least
nine
officers
died
line
duty
since
ante
indication
whatever
incidents
related
drug
use
service
employees
perhaps
concrete
evidence
severity
problem
unnecessary
well
known
courts
almost
take
judicial
notice
surely
case
commissioner
customs
stated
believe
customs
largely
extent
illegal
drug
use
customs
employees
reason
establishing
program
hope
expect
receive
reports
positive
findings
drug
screening
app
test
results
fulfilled
hopes
expectations
according
service
counsel
employees
tested
tested
positive
drugs
see
ante
response
lack
evidence
little
reason
believe
american
workplaces
immune
pervasive
social
problem
drug
abuse
ante
perhaps
generalization
suffice
workplace
issue
produce
catastrophic
social
harm
risk
whatever
tolerable
secured
areas
nuclear
power
plant
example
see
rushton
nebraska
public
power
district
generalization
suffices
justify
demeaning
bodily
searches
without
particularized
suspicion
guard
bribing
blackmailing
law
enforcement
agent
careless
use
firearm
fourth
amendment
become
frail
protection
indeed
skinner
bell
took
pains
establish
existence
special
need
search
seizure
need
based
upon
existence
pervasive
social
problem
combined
speculation
effect
problem
field
issue
rather
upon
evils
field
consequences
skinner
example
pointed
long
history
alcohol
abuse
railroad
industry
noted
period
train
accidents
incidents
occurred
railroad
employees
killing
people
injuring
causing
million
property
damage
ante
present
case
contrast
customs
service
thought
largely
connection
whatever
drug
use
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exist
serious
social
harm
entirely
speculative
except
fact
search
person
much
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stop
car
present
case
resembles
delaware
prouse
held
fourth
amendment
prohibited
random
stops
check
drivers
licenses
motor
vehicle
registrations
contribution
practice
highway
safety
concluded
marginal
best
since
number
licensed
drivers
must
stopped
order
find
one
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one
large
indeed
today
decision
wrong
least
limited
effect
approval
drug
testing
confined
category
employees
assigned
specifically
drug
interdiction
duties
relatively
public
employees
fit
description
extending
approval
drug
testing
category
consisting
employees
carry
firearms
exposes
vast
numbers
public
employees
needless
indignity
logically
course
carry
guns
treated
fashion
others
whose
work
performed
influence
drugs
may
endanger
others
automobile
drivers
operators
potentially
dangerous
equipment
construction
workers
school
crossing
guards
similarly
broad
scope
attaches
approval
drug
testing
access
sensitive
information
since
category
limited
service
employees
drug
interdiction
duties
sensitive
information
specifically
relating
drug
traffic
today
holding
apparently
approves
drug
testing
federal
employees
security
clearances
indeed
federal
employees
valuable
confidential
information
impart
since
drug
use
particular
problem
customs
service
employees
throughout
government
less
likely
violate
public
trust
taking
bribes
feed
drug
habit
yielding
blackmail
moreover
reason
harms
arising
drug
use
must
limited
public
employees
law
requiring
similar
testing
private
citizens
use
dangerous
instruments
guns
cars
access
classified
information
also
constitutional
one
apparent
basis
sets
testing
issue
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basis
upon
willing
rely
believe
minute
driving
force
behind
rules
feeble
justifications
put
forward
counsel
accepted
plausible
explanation
view
commissioner
offered
concluding
sentence
memorandum
customs
service
employees
announcing
program
implementation
drug
screening
program
set
important
example
country
struggle
serious
threat
national
health
security
app
respondent
brief
asserted
law
enforcement
agency
employees
take
law
seriously
neither
public
agency
effectiveness
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respondent
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way
show
government
serious
war
drugs
subject
employees
front
line
war
invasion
privacy
affront
dignity
sure
slight
chance
prevent
serious
public
harm
resulting
service
employee
drug
use
show
world
service
clean
important
demonstrate
determination
government
eliminate
scourge
society
think
obvious
justification
unacceptable
impairment
individual
liberties
means
making
point
symbolism
even
symbolism
worthy
cause
abolition
unlawful
drugs
validate
otherwise
unreasonable
search
irony
government
citation
support
position
justice
brandeis
statement
olmstead
good
ill
government
teaches
whole
people
example
brief
respondent
brandeis
dissenting
admission
evidence
obtained
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wiretap
praising
government
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vigor
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crime
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end
justifies
means
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famous
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immaterial
intrusion
aid
law
enforcement
experience
teach
us
guard
protect
liberty
government
purposes
beneficent
men
born
freedom
naturally
alert
repel
invasion
liberty
rulers
greatest
dangers
liberty
lurk
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men
zeal
without
understanding
apparently
approves
application
urine
tests
personnel
receiving
access
sensitive
information
ante
since
however
unsure
whether
classified
material
sensitive
information
remands
instructions
appeals
examine
criteria
used
service
determining
materials
classified
deciding
test
rubric
ante
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instructions
mean
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person
classifies
information
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considers
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particular
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moreover
seems
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used
service
determining
materials
classified
different
prescribed
president
executive
order
subject
see
exec
order
cfr
comp
difference
probably
unlawful
see
case
whatever
idiosyncratic
standards
classification
customs
service
might
seem
irrelevant
inasmuch
rule
issue
limited
material
classified
customs
service
includes
may
well
apply
principally
material
classified
elsewhere
government
example
federal
bureau
investigation
drug
enforcement
administration
state
department
conveyed
service
see
app