chandler et al miller governor georgia et argued january decided april held georgia requirement candidates state office pass drug test fit within closely guarded category constitutionallypermissible suspicionless searches pp uncontested georgia drug testing requirement imposed law enforced state officials effects search within meaning fourth fourteenth amendments pivotal question whether searches reasonable reasonable fourth amendment search ordinarily must based individualized suspicion wrongdoing see vernonia particularized exceptions main rule sometimes warranted based special needs beyond normal need law enforcement see skinner special needs alleged courts must undertake context specific inquiry examining closely competing private public interests advanced parties see von raab evaluating georgia ballot access drug testing statute measure plainly tied individualized suspicion eleventh circuit sought balance competing interests line precedents immediately point skinner von raab vernonia pp precedents remain guides assessing validity georgia statute despite respondents invitation apply framework extraordinarily deferential state measures setting conditions candidacy state office precedent suggests state sovereign power establish qualifications state offices diminishes constraints state action imposed fourth amendment pp georgia testing method relatively noninvasive therefore special need showing made state faulted excessive intrusion however georgia failed show special need substantial important enough override individual acknowledged privacy interest sufficiently vital suppress fourth amendment normal requirement individualized suspicion respondents contend unlawful drug use incompatible holding high state office drug use draws question official judgment integrity jeopardizes discharge public functions including antidrug law enforcement efforts undermines public confidence trust elected officials notably lacking respondents presentation indication concrete danger demanding departure fourth amendment main rule statute enacted repondents concede response fear suspicion drug use state officials demonstrated problem drug abuse cases necessary validity testing regime see von raab shore assertion special need suspicionless general search program see skinner vernonia contrast effective testing regimes upheld skinner von raab vernonia georgia certification requirement well designed identify candidates violate antidrug laws credible means deter illicit drug users seeking state office test date selected candidate thus prohibitively addicted abstain pretest period sufficient avoid detection respondents reliance decision von raab sustained drug testing program customs service officers prior promotion transfer certain high risk positions despite absence documented drug abuse problem among service employees misplaced hardly decision opening broad vistas suspicionless searches von raab must read unique context drug interdiction become agency primary enforcement mission covered posts directly involved drug interdiction otherwise required customs officers carry firearms employees access vast sources valuable contraband officers targets succumbed bribery drug smugglers moreover feasible subject customs service employees kind day day scrutiny norm traditional office environments telling contrast conduct candidates public office attracts attention notably beyond norm ordinary work environments left close review georgia scheme state seeks display commitment struggle drug abuse georgia asserts evidence drug problem among state elected officials officials typically perform high risk safety sensitive tasks required certification immediately aids interdiction effort need revealed symbolic special fourth amendment shields society state action diminishes personal privacy symbol sake pp expresses opinion medical examinations designed provide certification candidate general health financial disclosure requirements speak drug testing private sector domain unguarded fourth amendment constraints pp reversed ginsburg delivered opinion stevens scalia kennedy souter thomas breyer joined rehnquist filed dissenting opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press walker chandler et petitioners zell miller governor georgia et al writ certiorari appeals eleventh circuit april justice ginsburg delivered opinion fourth amendment requires government respect right people secure persons unreasonable searches seizures restraint government conduct generally bars officials undertaking search seizure absent individualized suspicion searches conducted without grounds suspicion particular individuals upheld however certain limited circumstances see treasury employees von raab circumstances include brief stops questioning observation fixed border patrol checkpoint martinez fuerte sobriety checkpoint michigan dept state police sitz administrative inspections closely regulated businesses new york burger georgia requires candidates designated state offices certify taken drug test test result negative code ann hereinafter confront case question whether requirement ranks among thelimited circumstances suspicionless searches warranted relying precedents sustaining drug testing programs student athletes customs employees railway employees see vernonia school dist acton slip random drug testing students participate interscholastic sports von raab drug tests customs service employees seek transfer promotion certain positions skinner railway labor executives drug alcohol tests railway employees involved train accidents violate particular safety rules appeals eleventh circuit judged georgia law constitutional reverse judgment georgia requirement candidates state office pass drug test hold fit within closely guarded category constitutionally permissible suspicionless searches prescription issue approved georgia legislature orders ach candidate seeking qualify nomination election state office shall condition qualification required certify candidate tested negative illegal drugs georgia first apparently remains state condition candidacy state office drug test georgia statute qualify place ballot candidate must present certificate state approved laboratory form approved secretary state reporting candidate submitted urinalysis drug test within days prior qualifying nomination election results negative statute lists llegal drug marijuana cocaine opiates amphetamines phencyclidines designated state offices governor lieutenant governor secretary state attorney general state school superintendent commissioner insurance commissioner agriculture commissioner labor justices judges appeals judges superior courts district attorneys members general assembly members public service commission candidate drug tests administered manner consistent department health human services guidelines fed reg professionally valid procedures approved georgia commissioner human resources see candidate may provide test specimen laboratory approved state office candidate personal physician see app joint statement undisputed facts urine sample obtained approved laboratory determines whether five specified illegal drugs present prepares certificate reporting test results candidate petitioners libertarian party nominees state offices subject requirements party nominated walker chandler office lieutenant governor sharon harris office commissioner agriculture james walker office member general assembly may one month deadline submission certificates required petitioners chandler harris walker filed action district northern district georgia asserted inter alia drug tests required violated rights first fourth fourteenth amendments constitution namingas defendants governor zell miller two state officials involved administration petitioners requested declaratory injunctive relief barring enforcement statute june district denied petitioners motion preliminary injunction stressing importance state offices sought relative unintrusiveness testing procedure found unlikely petitioners prevail merits claims app pet cert petitioners apparently submitted drug tests obtained certificates required appeared ballot see tr oral arg election parties jointly moved entry final judgment stipulated facts january district entered final judgment respondents divided eleventh circuit panel affirmed settled law accepted drug tests required statute rank searches true drug testing programs issue skinner von raab reasoned serves special needs interests ordinary needs law enforcement therefore endeavored balance individual privacy expectations government interests determine whether impractical require warrant level individualized suspicion particular context quoting von raab examining state interests involved acknowledged absence record drug abuse elected officials georgia nonetheless observed people georgia place trust elected officials liberty safety economic well ultimate responsibility law enforcement consequently vested highest executive authority makepublic policy general frequently supervise georgia drug interdiction efforts particular must persons appreciative perils drug use ibid noted nature high public office demands highest levels honesty clear sightedness clear thinking ibid reciting responsibilities offices petitioners sought appeals perceived positions particularly susceptible risks bribery blackmail government entitled guard ibid quoting von raab turning petitioners privacy interests eleventh circuit emphasized tests conducted office candidate private physician making intrusion even less approved von raab also noted statute reference federally approved drug testing guidelines ibid drug test reveal presence absence indicia use particular drugs information health candidate furthermore candidate control release test results candidate test positive forfeit opportunity run office event nothing divulged law enforcement officials ibid another consideration said reality candidates high office must expect voters demand disclosures physical emotional mental fitness position ibid concluding state interests outweighed privacy intrusion caused required certification held statute applied petitioners inconsistent fourth fourteenth amendments ibid judge barkett dissented view balance state candidates interests appropriate state failed establish special governmental need regime nothing special immediate generalized governmental interests involved observed warrant suspension fourth amendment requirement individualized suspicion searches seizures granted petition certiorari reverse begin discussion case uncontested point georgia drug testing requirement imposed law enforced state officials effects search within meaning fourth fourteenth amendments see skinner tr oral arg brief amicus curiae collection testing urine meet georgia certification statute constitutes search subject demands fourth amendment internal quotation marks omitted explained skinner government ordered collection testing urine intrudes upon expectations privacy society long recognized reasonable intrusions searches fourth amendment focus question searches reasonable reasonable fourth amendment search ordinarily must based individualized suspicion wrongdoing see vernonia slip particularized exceptions main rule sometimes warranted based special needs beyond normal need law enforcement skinner internal quotation marks omitted special needs concerns crime detection alleged justification fourth amendment intrusion courts must undertake context specific inquiry examining closely competing private public interests advanced parties see von raab see also skinner stated limited circumstances privacy interests implicated search minimal important governmental interest furthered intrusion placed jeopardy requirement individualized suspicion search may reasonable despite absence suspicion evaluating georgia ballot access drug testing statute measure plainly tied individualized suspicion eleventh circuit sought balance individual privacy expectations state interests quoting von raab line precedents immediately point skinner von raab vernonia review decisions inspecting georgia law skinner concerned federal railroad administration fra regulations required blood urine tests rail employees involved train accidents regulations also authorized railroads administer breath urine tests employees violated certain safety rules fra adopted drug testing program response evidence drug alcohol abuse railroad employees obvious safety hazards posed abuse documented link drug alcohol impaired employees incidence train accidents recognizing urinalysis tests conspicuously raised evident privacy concerns noted two offsetting considerations first regulations reduced intrusiveness collection process important railway employees reason participation industry regulated pervasively ensure safety diminished expectations privacy urpassing safety interests concluded warranted fra testing program drug tests deter illegal drug use railroad employees workers positioned cause great human loss signs impairment become noticeable supervisors program also helped railroads obtain invaluable information causes major train accidents see testing without showing individualized suspicion essential explained vital interests served see employees forecast timing accident safety violation events trigger testing employee inability avoid detection simply staying drug free prescribed test time significantly enhanced deterrent effect program see ibid furthermore imposing individualized suspicion requirementfor drug test chaotic aftermath train accident seriously impede employer ability discern cause accident indeed waiting suspect individuals identified likely result loss deterioration evidence furnished tests finally vernonia sustained random drug testing program high school students engaged interscholastic athletic competitions program context critical local governments bear large responsibilities public school system guardian tutor children entrusted care slip immediate crisis slip caused sharp increase drug use school district slip sparked installation program district findings established student athletes among drug users leaders drug culture slip decision noted students within school environment lesser expectation privacy members population generally slip quoting new jersey powell concurring emphasized importance deterring drug use schoolchildren risk injury drug using student athlete cast engaged playing field see vernonia slip respondents urge precedents examined sole guides assessing constitutional validity georgia statute special needs analysis contend must viewed different lens implicates georgia sovereign power reserved tenth amendment establish qualifications seek state office respondents rely gregory ashcroft upheld federal statutory equal protection clause challenges missouri mandatory retirement age state judges found age classification reasonable barred federal legislation see gregory reaffirmed enjoy wide latitude establish conditions candidacy state office setting conditions may disregard basic constitutional protections see mcdaniel paty invalidating state provision prohibiting members clergy serving delegates state constitutional convention communist party ind whitcomb voiding loyalty oath condition ballot access bond floyd georgia legislature exclude elected representative ground antiwar statements cast doubt ability take oath aware precedent suggesting state power establish qualifications state offices sovereign power prosecute crime diminishes constraints state action imposed fourth amendment therefore reject respondents invitation apply case framework extraordinarily deferential state measures setting conditions candidacy state office guides remain skinner von raab vernonia turning guides note first testing method georgia statute describes relatively noninvasive therefore special need showing made state faulted excessive intrusion georgia statute invokes drug testing guidelines applicable federal programs upheld skinner von raab see brief amicus curiae von raab state permits candidate provide urine specimen office private physician results test given first tothe candidate controls dissemination report state effectively limited invasiveness testing procedure concentrate core issue certification requirement warranted special need precedents establish proffered special need drug testing must substantial important enough override individual acknowledged privacy interest sufficiently vital suppress fourth amendment normal requirement individualized suspicion see supra georgia failed show justification special need kind respondents defense statute rests primarily incompatibility unlawful drug use holding high state office statute justified respondents contend use illegal drugs draws question official judgment integrity jeopardizes discharge public functions including antidrug law enforcement efforts undermines public confidence trust elected officials brief respondents statute according respondents serves deter unlawful drug users becoming candidates thus stops attaining high state office notably lacking respondents presentation indication concrete danger demanding departure fourth amendment main rule nothing record hints hazards respondents broadly describe real simply hypothetical georgia polity statute enacted counsel respondents readily acknowledged oral argument response fear suspicion drug use state officials question indication anywhere record georgia particular problem state officeholders drug abusers see also counsel respondents affirms absence evidence state officeholders georgia drug problems demonstrated problem drug abuse cases necessary validity testing regime see von raab shore assertion special need suspicionless general search program proof unlawful drug use may help clarify substantiate precise hazards posed use thus evidence drug alcohol use railway employees engaged safety sensitive tasks skinner see immediate crisis prompted sharp rise students use unlawful drugs vernonia see slip bolstered government school officials arguments drug testing programs warranted appropriate contrast effective testing regimes upheld skinner von raab vernonia georgia certification requirement well designed identify candidates violate antidrug laws scheme credible means deter illicit drug users seeking election state office test date scheduled candidate anytime within days prior qualifying place ballot secret counsel respondents acknowledged oral argument users illegal drugs save prohibitively addicted abstain pretest period sufficient avoid detection see tr oral arg even indulgedrespondents argument one purpose might detect unable abstain see tr oral arg respondents shown argued persons likely candidates public office georgia moreover respondents offered reason ordinary law enforcement methods suffice apprehend addicted individuals appear limelight public stage section short needed work ferret lawbreakers respondents barely attempt support statute ground respondents amicus curiae rely heavily decision von raab sustained drug testing program customs service officers prior promotion transfer certain high risk positions despite absence documented drug abuse problem among service employees see brief respondents brief amicus curiae see also posts question von raab directly involved drug interdiction otherwise required service member carry firearm see government compelling interest ensuring front line interdiction personnel physically fit unimpeachable integrity judgment public bear risk employees may suffer impaired perception judgment promoted positions may need employ deadly hardly decision opening broad vistas suspicionless searches von raab must read unique context customs service reported announcing testing program customs employees federal workers routinely exposed vast network organized crime inextricably tied illegal drug use national treasury employees union von raab internal quotation marks omitted aff part vacated part stressed rug interdiction ha become agency primary enforcement mission employees question access vast sources valuable contraband furthermore customs officers ha targets bribery drug smugglers numerous occasions several succumbed temptation ibid respondents overlook telling difference von raab georgia candidate drug testing program von raab feasible subject employees required carry firearms concerned interdiction controlled substances work product kind day day scrutiny norm traditional office environments candidates public office contrast subject relentless scrutiny peers public press conduct attracts attention notably beyond norm ordinary work environments left close review georgia scheme image state seeks project requiring candidates public office submit drug testing georgia displays commitment struggle drug abuse suspicionless tests according respondents signify candidates elected fit serve constituents free influence illegal drugs georgia asserts evidence drug problem among state elected officials officials typically perform high risk safety sensitive tasks required certification immediately aids interdiction effort need revealed short symbolic special term draws meaning case law von raab customs service defended officer drug test program part way demonstrate agency commitment enforcement thelaw see brief treasury employees von raab pp von raab however rely justification indeed need set good example genre sufficient overwhelm fourth amendment objection care took explain needs skinner von raab vernonia ranked special wasted many words entirely unnecessary perhaps even misleading elaborations pathmarking dissenting opinion justice brandeis recognized importance teaching example government potent omnipresent teacher good ill teaches whole people example olmstead justice brandeis explained olmstead government set bad example introduced criminal proceeding evidence obtained unlawful government wiretap immaterial intrusion aid law enforcement experience teach us guard protect liberty government purposes beneficent men born freedom naturally alert repel invasion liberty evil minded rulers greatest dangers liberty lurk insidious encroachment men zeal well meaning without understanding note finally matters opinion treat georgia singular drug test candidates part medical examination designed provide certification candidate general health express noopinion examinations touch financial disclosure requirements implicate different concerns procedures see barry city new york upholding city financial disclosure law elected appointed officials candidates city office certain city employees plante gonzalez upholding florida financial disclosure requirements certain public officers candidates employees speak drug testing private sector domain unguarded fourth amendment constraints see jacobsen reiterate risk public safety substantial real blanket suspicionless searches calibrated risk may rank reasonable example searches routine airports entrances courts official buildings see von raab case public safety genuinely jeopardy fourth amendment precludes suspicionless search matter conveniently arranged reasons stated judgment appeals eleventh circuit reversed walker chandler et petitioners zell miller governor georgia et al writ certiorari appeals eleventh circuit april chief justice rehnquist dissenting fear novelty georgia law led distort fourth amendment doctrine order strike notes impliedly turning nose georgia first apparently remains state condition candidacy state office drug test ante heed oft quoted words justice brandeis dissent new state ice liebmann one happy incidents federal system single courageous state may citizens choose serve laboratory try novel social economic experiments without risk rest country novelty vice novel experiments course must comply constitution mere novelty strike doubt use illegal drugs abuse legal drugs one major problems society cases involving drug use extend numerous occupations railway employees skinner railway labor executives border patrol officers treasury employees von raab high school students vernonia school dist acton machine operators paperworkers misco take bolder person say widespread drug usage never extend candidates public office governor georgia says othing record hints hazards respondents broadly describe real simply hypothetical georgia polity ante surely state need wait drug addict one inclined use drugs illegally run actually become governor installs prophylactic mechanism held much von raab first petitioners argue program unjustified based belief testing reveal drug use covered employees pressing argument petitioners point service testing scheme implemented response perceived drug problem among customs employees petitioners first contention evinces unduly narrow view context service testing program implemented petitioners dispute doubt drug abuse one serious problems confronting society today little reason believe american workplaces immune pervasive social problem normal fourth amendment analysis individual expectation privacy important factor equation perversely relies fact candidate office gives much privacy andidates public office subject relentless scrutiny peers public press ante reason sustaining fourth amendment claim says effect kind drug test candidates required georgia law unnecessary scrutiny already subjected reason candidacy enable people detect drug use part strange holding indeed one might easily say railroad employees skinner customs officials von raab subjected sort scrutiny fellow employees supervisors clear teaching cases government required settle sort vague uncanalized scrutiny fact preventing persons use illegal drugs concealing fact public legitimate government interest cases indicate government may require drug test privacy concerns ordinarily implicated urinalysis drug testing negligible vernonia supra slip procedures used collecting analyzing urine samples set reduce intrusiveness process georgia law candidate may produce test specimen doctor office must one least intrusive types urinalysis drug tests conceivable although concedes nonetheless manages count factor state kind test person tested advance notice given therefore able abstain drug use necessary period time one may sure test random therefore apt ensnare users fault intrusiveness cf von raab von raab described compelling government interest ensuring many covered employees use drugs even duty use creates risks bribery blackmail government entitled guard emphasis added risks bribery blackmail high level officials state government using illegal drugs seem least significant duty customs officials even important however treatment third class tested employees von raab handle classified materials relegates discussion ante dismisses although lack factual development record von raab prevented us determining handle classified materials consider weight proffered governmental interest readily agree government compelling interest protecting truly sensitive information compulsion circumstances reasons might compromise information department navyv egan also agree employees seek promotions positions handle sensitive information required submit urine test service screening program especially positions covered category require background investigations medical examinations intrusions may expected diminish expectations privacy respect urinalysis test lest readers expect holding case extended case notes drug test part medical examination designed provide certification candidate general health ante inconceivable case involving sort requirement decided differently present case sort urinalysis involved possible basis distinction say state far greater interest candidate general health respect propensity use illegal drugs sort policy judgment surely must left legislatures rather announced high federal judiciary nothing fourth amendment part constitution prevents state enacting statute whose principal vice may seem misguided even silly members affirm judgment appeals footnotes also rejected equal protection free speech pleasmade petitioners hold incompatible fourth fourteenth amendments reach petitioners pleas amicus curiae support respondents suggests case may become moot continuing controversy regarding completed election petitioners sue behalf class failed assert courts intended run covered state office future election see brief amicus curiae reject suggestion mootness petitioner chandler represented officer plans run counsel state contest representation see tr oral arg see also defective allegations jurisdiction curable amendment trial appellate stages service program also required tests individuals promoted transferred positions handle classified material agreed government ha compelling interest protecting truly sensitive information however rule aspect program see record clarify whether category defined regulation encompas sed customs employees likely gain access sensitive information treasury employees von raab applicant promotion transfer know precisely action taken application contrast potential candidate knows start timing relevant events