Since the 1950s, such "dragnets" have generally been held to be unconstitutional, as unreasonable search and seizure actions.
The Ninth Circuit had held the audit an unconstitutional search on the grounds that there were less intrusive ways of obtaining the same information.
The question was whether the drug tests, conducted without warrants and without suspicion of individual wrongdoing, were unconstitutional searches.
Two lower federal courts rejected the argument of the man, Steven D. Bond, that the agent's actions amounted to an unconstitutional search.
Would the examination of the backpack amount to an unconstitutional search or seizure?
The brief argued that the government's position and current practice subjects travelers to unconstitutional invasive searches of laptops and other devices.
The ruling overturned a decision by the Florida Supreme Court, which had held that the flight was an unconstitutional search.
Defendants often challenge the use of the devices as an unconstitutional search, and the lower courts have reached conflicting results.
Mr. Kyllo conditionally pleaded guilty while challenging the use of the imager as an unconstitutional search.
Critics say forced testing for drugs would be tantamount to an unconstitutional search.