National Treasury Employees Union v. Von Raab
Encyclopedia
National Treasury Employees Union v. Von Raab was a United States Supreme Court case involving the Fourth Amendment
and its implication on drug test
ing programs. The majority of the court upheld the drug testing program in United States Customs Service
.
," required to carry firearms, or have access to classified information. The National Treasury Employees Union
sued and alleged that the program was violative of the Fourth Amendment, which prohibits unreasonable search and seizure
. The Court of Appeals for the Fifth Circuit
ruled in favor of the government. The union then appealed to the Supreme Court. The Supreme Court upheld the Court of Appeals ruling with regard to positions involving drug interdiction and firearms. The ruling for classified information was held over, as the Supreme Court determined that the U.S. Customs Service too broadly included employee groups who would not generally have access to high levels of classified information.
upheld the constitutionality of the drug testing program, reasoning that the employees of customs service had "diminished expectation of privacy." Justice Marshall
wrote a dissent in which he was joined by Justice Brennan
; Justice Scalia
wrote a dissent in which Justice Stevens
joined.
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
and its implication on drug test
Drug test
A drug test is a technical analysis of a biological specimen – for example urine, hair, blood, sweat, or oral fluid / saliva – to determine the presence or absence of specified parent drugs or their metabolites...
ing programs. The majority of the court upheld the drug testing program in United States Customs Service
United States Customs Service
Until March 2003, the United States Customs Service was an agency of the U.S. federal government that collected import tariffs and performed other selected border security duties.Before it was rolled into form part of the U.S...
.
Background
In 1986, the U.S. Customs Service imposed a drug testing program for "employees seeking transfer or promotion to positions having direct involvement in drug interdictionInterdiction
Interdiction is a military term that refers to the act of delaying, disrupting, or destroying enemy forces or supplies en route to the battle area. A distinction is often made between strategic and tactical interdiction...
," required to carry firearms, or have access to classified information. The National Treasury Employees Union
National Treasury Employees Union
The National Treasury Employees Union is an independent labor union representing approximately 150,000 employees of 30 agencies of the United States government...
sued and alleged that the program was violative of the Fourth Amendment, which prohibits unreasonable search and seizure
Search and seizure
Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
. The Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
ruled in favor of the government. The union then appealed to the Supreme Court. The Supreme Court upheld the Court of Appeals ruling with regard to positions involving drug interdiction and firearms. The ruling for classified information was held over, as the Supreme Court determined that the U.S. Customs Service too broadly included employee groups who would not generally have access to high levels of classified information.
Decision
The majority decision authored by Justice Anthony KennedyAnthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
upheld the constitutionality of the drug testing program, reasoning that the employees of customs service had "diminished expectation of privacy." Justice Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
wrote a dissent in which he was joined by Justice Brennan
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
; Justice Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
wrote a dissent in which Justice Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
joined.
See also
- Vernonia School District 47J v. ActonVernonia School District 47J v. ActonVernonia School District 47J v. Acton, was a U.S. Supreme Court decision which upheld the constitutionality of random drug testing regimen implemented by the local public schools in Vernonia, Oregon. Under that regimen, student athletes were required to submit to random drug testing before being...
and Board of Education v. EarlsBoard of Education v. EarlsBoard of Education v. Earls, , was a decision of the Supreme Court of the United States that upheld the constitutionality of mandatory drug testing by public schools of students participating in extracurricular activities...
, later cases dealing with and upholding drug testing in schools rather than customs service. - Ferguson v. City of CharlestonFerguson v. City of CharlestonFerguson v. City of Charleston, , is a United States Supreme Court decision that found Medical University of South Carolina's policy regarding involuntary drug testing of pregnant women to violate the Fourth Amendment.-Facts:...
, a 2001 case stricking down drug test imposed on pregnant women in hospitals. - List of United States Supreme Court cases, volume 489
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court