Nat. Treas. Employees Union v. Von Raab

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Oral Argument
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Advocates
Charles Fried (on behalf of the Respondent)
Lois G. Williams (on behalf of the Petitioners)
Case Basics
Docket No.: 
86-1879
Petitioner: 
Nat. Treas. Employees Union
Respondent: 
Von Raab
Opinion: 
489 U.S. 656 (1989)

Cite this page
The Oyez Project, Nat. Treas. Employees Union v. Von Raab , 489 U.S. 656 (1989)
available at: (http://oyez.org/cases/1980-1989/1988/1988_86_1879)
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?

Conclusion: 

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."

Decisions

Decision: 5 votes for Von Raab, 4 vote(s) against
Legal provision: Amendment 4: Fourth Amendment

Sort by Ideology

Voted with the majority
Rehnquist
Voted with the minority, joined Marshall's dissent
Brennan
Voted with the majority
White
Wrote a dissent
Marshall
Voted with the majority
Blackmun
Voted with the minority, joined Scalia's dissent
Stevens
Voted with the majority
O'Connor
Wrote a dissent
Scalia
Wrote the majority opinion
Kennedy

Full Opinion by Justice Anthony M. Kennedy