should be considered." (Exhibit B) CDC's statement would apply to every person who agreed to drug testing. No specific reason to suspect that this plaintiff may tamper with her urine sample was set forth by defendants. Indeed, CDC admits that they make no ". . . specific judgment as to the possibility of tampering by this employee." (Exhibit B).
Based on the above, the court finds that defendants do not have a specific reason to fear that plaintiff will tamper with her urine sample. The court, therefore, finds that in this instance any visual observation of the plaintiff would be a violation of the reasonableness requirements of a search under the Fourth Amendment to the United States Constitution and a violation of the guidelines adopted by the CDC. As articulated above, the court finds that, there are other far less intrusive means by which the CDC can ensure the reliableness of the urine test as suggested in Yeutter.
For these reasons, the court grants the request for temporary restraining order.
Defendants CDC, James Govez, Don Hill, D.B. Vasquez, Captain E.V. Russell, and Sergeant Robert. I. Kim are hereby restrained and enjoined from ordering plaintiff to submit to visual observation of her while urinating to provide a specimen for agreed-upon drug testing.
Security pursuant to Federal Rule of Civil Procedure 65(c) is set in the amount of $ 0.00. No bond need be posted.
DEFENDANTS AND EACH OF THEM ARE HEREBY ORDERED TO SHOW CAUSE at 10.00 a.m. on October 28, 1994, or as soon thereafter as counsel may be heard in courtroom one (1) before Judge Robert P. Aguilar, located at 280 South First Street, San Jose, California, why you, your officers, agents, servants, employees and attorneys should not be restrained and enjoined pending trial of this action from ordering plaintiff to submit to visual observation of her while urinating to provide a specimen for an agreed-upon drug testing.
This order to show cause and supporting papers must be served on defendants no later than October 20, 1994, and proof of service shall be filed no later than October 21, 1994. Any opposition to this order to show cause must be filed and personally served on plaintiff's counsel no later than October 25th 1994.