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.
| Dow Chemical Co. v. United States | |
|---|---|
 | |
| Argued December 10, 1985 Decided May 19, 1986 | |
| Full case name | Dow Chemical Company v. United States |
| Citations | 476 U.S. 227 (more) 106 S. Ct. 1819; 90 L. Ed. 2d 226 |
| Argument | Oral argument |
| Case history | |
| Prior | Summary judgment for plaintiff, 536 F. Supp. 1355 (E.D. Mich. 1982); reversed on appeal, 749 F.2d 307 (6th Cir. 1984); cert. granted, 472 U.S. 1007 (1985). |
| Holding | |
| The Fourth Amendment protects against the invasion of areas where intimate activities occur, whereas "the open areas of an industrial complex are more comparable to an 'open field' in which an individual may not legitimately demand privacy." | |
| Court membership | |
| |
| Case opinions | |
| Majority | Burger, joined by White, Rehnquist, Stevens, O'Connor |
| Concur/dissent | Powell (concur Part III, dissent Parts I-II), joined by Brennan, Marshall, Blackmun |
| Laws applied | |
| U.S. Const. amend. IV | |
Factual background and decision
The EPA used, without a 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 Secrecy 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.[1] In the absence of a "reasonable expectation of privacy" the Fourth Amendment prohibiting unreasonable searches does not apply.
References
- Oliver v. United States, 466 U. S. 170
Further reading
- Diane Rosenwasser Skalak, Dow Chemical Co. v. United States: Aerial Surveillance and the Fourth Amendment, 3 Pace Envtl. L. Rev. 277 (1986) Available at: http://digitalcommons.pace.edu/pelr/vol3/iss2/6
- "AERIAL SEARCHES OF FENCED AREAS UPHELD BY COURT," The New York Times (May 20, 1986)
External links
- Text of Dow Chemical Co. v. United States, 476 U.S. 227 (1986) is available from: Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
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