In Skinner v. Railway Labor Executives Assn., decided today, we held that federal regulations requiring employees of private railroads to produce urine samples for chemical testing implicate the Fourth Amendment, as those tests invade reasonable expectations of privacy. Our earlier cases have settled that the Fourth Amendment protects individuals from unreasonable searches conducted by the Government, even when the Government acts as an employer and, in view of our holding in Railway Labor that urine tests are searches, it follows that the Customs Service’s drug testing program must meet the reasonableness requirement of the Fourth Amendment.
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