The first case, National Treasury Employees Union v. Von Raab, 816 F.2d 170 (5th Cir. 1987), cert. granted, 108 S. Ct. 1072 (1988), questioned the validity of a drug testing program at United States Customs. It was found that the search (urine testing) was reasonable because employees are not directly observed while urinating, are given advance notice of their test, and are not selected randomly. Also, the court found that the severity of the national drug problem and the government's declaration of a need to test justified the search. In the second case, Railway Labor Executives Association v. Burnley, 839 F.2d 575 (9th Cir.), cert. granted, 108 S.Ct. 2033 (1988), regulations requiring mandatory testing for certain employees involved in major train accidents were questioned. The Ninth Circuit Court (California) held that the Federal Railroad Administration (FRA) testing plan did not meet the two-prong reasonableness test for warrantless search based upon less than probable cause. This test requires that the search be justified at its inception, and reasonably related in scope to its justification. Since the railroads cannot determine whether drugs played a part in an accident, the government's interest is not enhanced by the drug tests. The individual's privacy rights, therefore, outweigh the government's interests. In resolution, it is suggested that the Supreme Court reverse the decision in Von Raab, citing that the plan fails warrant and probably cause analyses outright, and falls short of satisfying traditional Fourth Amendment reasonableness analysis. In Burnley, the court should affirm the court of appeals, but on different grounds. The testing plan fails the reasonableness analysis since testing occurs after the fact. This is neither an adequate safety measure, nor a reliable deterrent. 210 footnotes.