Find Court Cases > Nat. Treas. Employees Union v. Von Raab

Nat. Treas. Employees Union v. Von Raab

Case Date: 11/02/1988
Docket No: none

Facts of the Case 

In 1986, the 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 

Did the regulations violate the Fourth Amendment?

Argument Nat. Treas. Employees Union v. Von Raab - Oral ArgumentFull Transcript Text  Download MP3Nat. Treas. Employees Union v. Von Raab - Opinion AnnouncementFull Transcript Text  Download MP3 Conclusion  Decision: 5 votes for Von Raab, 4 vote(s) against Legal provision: Amendment 4: Fourth Amendment

No. The Court held that the "substantial interests" of the government in stifling the drug trade justified "departure from the ordinary warrant and probable cause requirements" associated with searches. The fact that 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."