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Dow argues that an industrial plant, even one occupying 2,000 acres, does not fall within the "open fields" doctrine of Oliver v. United States, but rather is an "industrial curtilage" having constitutional protection equivalent to that of the curtilage of a private home.
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.
EPA did not inform Dow of this aerial photography, but when Dow became aware of it, Dow brought suit in the District Court alleging that EPA's action violated the Fourth Amendment and was beyond EPA's statutory investigative authority.
The District Court ruled that the aerial inspection violated Dow's "expectation of privacy" from searches. The United States Court of Appeals for the Sixth Circuit reversed the ruling on the ground that Dow only expected pivacy with respect to its indoor property.
United States Supreme Court. 476 U.S. 227 (1986) Written by Sean Carroll, JD. Facts. Law enforcement aerially photographed Dow Chemical’s (Dow) (defendant) industrial complex without a warrant. The photographs were limited to outlines of the complex’s facilities and equipment.
SUPREME COURT OF THE UNITED STATES No. 84-1259 DOW CHEMICAL COMPANY, PETITIONER v. UNITED STATES ETC. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT [March —, 1986] CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari to review the holding of the Court of
People also ask
What is Dow Chemical v United States?
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Is Dow constitutionally protected against warrantless intrusion?
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Did Dow have an expectation of privacy in its exposed plant areas?
DOW CHEMICAL CO. v. UNITED STATES, BY AND THROUGH ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY is a case that was decided by the Supreme Court of the United States on May 19, 1986. The case was argued before the court on December 10, 1985.