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Dow Chemical Co. v. United States

Dow Chemical Co. v. United States, 476 U.S. 227 (1986), was a United States Supreme Court case decided in 1986 dealing with the right to privacy and advanced technology of aerial surveillance.

Factual background and decision

The EPA used, without a search warrant, a commercial aerial photographer to get photographs of a heavily guarded Dow facility that was, according to the petitioner, protected by the State Trade Secret Law. The decision: For purposes of aerial surveillance, the open areas of an industrial complex are more comparable to an "open field" in which an individual may not legitimately demand privacy. In the absence of a "reasonable expectation of privacy" the Fourth Amendment prohibiting unreasonable searches does not apply.

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